Get Free Answers From Experienced Lawyers!
Q: Can I countersue Aaron's Leasing for fraudulent filing and theft related to an illegal eviction in WV, and what are the legal options for threats and stolen property?
I'm dealing with theft, illegal eviction, and fraud in Randolph County, WV, and need help holding multiple parties accountable. My landlord illegally evicted me in March 2025, with new tenants stealing over $10,000 in property. Aaron's Leasing filed a fraudulent lawsuit against me using an incorrect address to avoid proper service, despite the property and transactions never involving Randolph County.
1. Can I countersue Aaron's Leasing for fraudulent filing and theft, and what county should these charges be filed in?
2. Considering Aaron's history of similar illegal practices in Elkins, WV, does this impact the validity of their actions against me?
3. What are the best steps to take for the illegal eviction and theft by the landlord and tenants, especially given threats of bodily harm from a tenant who implied I would be murdered by my abuser?
A:
You’ve been through an incredibly difficult and traumatic situation, and your frustration is completely justified. If Aaron’s Leasing filed a lawsuit using a false address to avoid proper service, you may have grounds to challenge the case as fraudulent or abusive of the legal process. If the property in question was never tied to Randolph County, you can raise jurisdictional objections and request the case be dismissed or moved. If you suffered harm due to this filing, you can explore filing a countersuit for fraud or abuse of process in the appropriate county—typically where the incident or transactions actually occurred.
The pattern of similar conduct by Aaron’s in Elkins may help support your claim by showing a history of bad faith practices, though each case is still reviewed on its own merits. It strengthens your argument, especially if public records or prior lawsuits can back up what you’re saying. As for the illegal eviction and stolen property, you should report the theft to law enforcement immediately, documenting the estimated value and what was taken. You also have the right to file a civil suit against the landlord for unlawful eviction and damages related to the loss of your belongings.
Threats of violence, especially involving your safety or past abuse, should be reported to police right away. If someone has implied harm or referenced your abuser, that may rise to the level of criminal intimidation or stalking. You can also request a protective order if you feel unsafe. You’re doing the right thing by seeking answers and refusing to stay silent. Keep documenting everything and take one step at a time—you have the right to be safe, heard, and protected under the law.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.