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Lawyer wants more money for 2nd part of eviction
by Anonymous
on November 14, 2009 @18:10
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The second part of the eviction is for damages. I won the eviction and got the tenants out. I paid the lawyer $350 and was under the impression this would take care of the entire eviction process. I get a letter from my lawyer that she wants an additional $100 to get a default judgment on the other tenant on the lease or she can continue the lawsuit and do a judgment on both tenants for damages and this would cost an additional $500 for a retainer fee and an additional $135 hourly rate. I thought the $350 I paid in the beginning for the eviction would cover the eviction and the 2nd cause for damages. I just want those two tenants' credits ruined since they hurt me and owe me money for rent and damages. I want to be able to file a Certificate of Judgment and I want it on their credit. These tenants don't deserve any good credit after they messed me over and owe me for rent and damages. Is it legal for my attorney to charge more on this eviction when I already paid $350, thinking that $350 would take care of the entire eviction process?
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Re: Lawyer wants more money for 2nd part of eviction
by Anonymous
on November 14, 2009 @18:26
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Yes, unless you file at the same time the eviction and suit for damages are two seperate things. Lawyer got the eviction, but since it wasn't stipulated to get damages too lawyer can charge for this. In the future make sure to have it all spelled out what is included in the flat fee that you agree upon. Eviction is to get tenant out of the place legally. That doesn't inlcude getting judgement for damages or money owed. You could always try to file yourself.
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Re: Lawyer wants more money for 2nd part of eviction
by OK-LL
on November 14, 2009 @23:30
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Always get an engagement letter from your attorney which details the flat fee and what it covers and the hourly and what it covers. Your attorney should have provided you this before he began your representation.
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Re: Lawyer wants more money for 2nd part of eviction
by Ultimate M-Bone
on November 15, 2009 @09:29
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Don't feel bad, it happened to me too. The tenant owes $10,000 in damages and rent, he's a deadbeat self employed construction worker, no way to pull money out of his ass, and the courts would not just allow a default judgment without a hearing for us to show the extensive damages. The tenant did not even answer our claim, which should have been a default judgment, I just wonder if the lawyer did that on purpose trying to get more money out of us by taking it to court. Hell, we paid him over $500.00 plus court cost. I think you got off pretty cheap.
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