• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Alabama Judgement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

mtnstyne

Member
I am trying to find out what I need to do to file a claim against someone for a debt in Alabama. I need to determine if it is worth my time and money as I will have to travel to do so.

Synopsis: I live in Florida, own a house in Alabama that was rented to a guy who was evicted and moved to California. He did a few thousand dollars worth of damage on his way to being evicted.

Question: In order to go through the legal process of having a judgement against him, what should I expect (time/court cost/days in court/etc...)? It has been almost a year and the collection agency has proven to be worthless. I am trying to decide if I should do the court thing in Bama for the debt and then track him down in California and have assets/wages garnished...

If you are an Alabama lawyer it would be great...


thanks in advance
 


JETX

Senior Member
mtnstyne said:
In order to go through the legal process of having a judgement against him, what should I expect (time/court cost/days in court/etc...)?
These are all court specific. Contact the court and ask them:
1) How long does it take for a case to get to court?
2) How much does it cost?

As for the 'days in court', if your case can't be resolved in an hour or so.... you need to get an attorney.
 

rmet4nzkx

Senior Member
mtnstyne said:
I am trying to find out what I need to do to file a claim against someone for a debt in Alabama. I need to determine if it is worth my time and money as I will have to travel to do so.

Synopsis: I live in Florida, own a house in Alabama that was rented to a guy who was evicted and moved to California. He did a few thousand dollars worth of damage on his way to being evicted.

Question: In order to go through the legal process of having a judgement against him, what should I expect (time/court cost/days in court/etc...)? It has been almost a year and the collection agency has proven to be worthless. I am trying to decide if I should do the court thing in Bama for the debt and then track him down in California and have assets/wages garnished...

If you are an Alabama lawyer it would be great...


thanks in advance
Is this the same property? https://forum.freeadvice.com/showthread.php?t=226967

If so, What is the outcome of your dispute with the management company?
 

JETX

Senior Member
rmet4nzkx said:
Is this the same property?
Who cares if it is or not??

What is the outcome of your dispute with the management company?
And what EXACTLY does ANY of that have to do with THIS post???
If you want to 'talk' about another post/thread, put your questions over there!! Jeeeze, this is NOT rocket science!! :eek:
 

weenor

Senior Member
rmet4nzkx said:
Is this the same property? https://forum.freeadvice.com/showthread.php?t=226967

If so, What is the outcome of your dispute with the management company?

This question is quite relevant in determining the rights of the parties involved. Was lease between OP and the tenant directly or between the management company and the tenant?

What county is the property in?

What is the exact amount of damage incurred by OP?
 

JETX

Senior Member
weenor said:
This question is quite relevant in determining the rights of the parties involved. Was lease between OP and the tenant directly or between the management company and the tenant?
The management company would have been acting as an agent of the property owner, making your question NOT RELEVANT!!

What county is the property in?
And exactly HOW is that relevant??

What is the exact amount of damage incurred by OP?
And exactly HOW is that relevant??

The question asked in THIS thread is: "In order to go through the legal process of having a judgement against him, what should I expect (time/court cost/days in court/etc...)?"
NONE of your idiot questions have anything to do with the question!!!
I can't figure out why people ask STUPID questions that have absolutely NO bearing on the legal issues???? :eek:
 

weenor

Senior Member
JETX said:
The management company would have been acting as an agent of the property owner, making your question NOT RELEVANT!!


And exactly HOW is that relevant??


And exactly HOW is that relevant??

The question asked in THIS thread is: "In order to go through the legal process of having a judgement against him, what should I expect (time/court cost/days in court/etc...)?"
NONE of your idiot questions have anything to do with the question!!!
I can't figure out why people ask STUPID questions that have absolutely NO bearing on the legal issues???? :eek:

Jet- please take your meds and learn something....

The amount of damages will determine whether OP will file in district or circuit court in Alabama. Whether case is in district or circuit is relevant to the amount of time it will take to prosecute. There are different time limitations under the rules of civil procedure as well.

Some counties have specific small claims courts other counties simply use district courts. Each county has a different filing fee... The county were the property is located will also be determinative of the judge and that will be relevant as the time it will take because every judge runs their dockets different...I practice in 65 of the 68 Alabama juridictions so I may know how a particular judge moves his/her docket. See how the location of the real property makes a difference in offering advice? which I am attempting to do....with no help from yourself.
 

JETX

Senior Member
weenor said:
Jet- please take your meds and learn something....

The amount of damages will determine whether OP will file in district or circuit court in Alabama. Whether case is in district or circuit is relevant to the amount of time it will take to prosecute. There are different time limitations under the rules of civil procedure as well.
Gee, that is EXACTLY what I said... contact the court.
Of course, Your post was idiotic since if that was its REAL point, you would have said that.... instead of asking stupid questions. Especially, since it was already answered in the OP's first post: "He did a few thousand dollars worth of damage on his way to being evicted."
Also, I guess you overlooked the FACT that the post was made in the SMALL CLAIMS forum. :D

Some counties have specific small claims courts other counties simply use district courts. Each county has a different filing fee.
And yet ANOTHER reason to 'call the court', huh??

I practice in 65 of the 68 Alabama juridictions so I may know how a particular judge moves his/her docket.
What do you 'practice'??
Clearly, you need a lot more of whatever it is...... :D
 

rmet4nzkx

Senior Member
JETX said:
Who cares if it is or not??

And what EXACTLY does ANY of that have to do with THIS post???
If you want to 'talk' about another post/thread, put your questions over there!! Jeeeze, this is NOT rocket science!! :eek:
Actually the question belongs here.
02-28-2005, 04:48 PM
mtnstyne

Management Agreement Between Owner/Property Manager
What is the name of your state? Alabama

OK, here is the situation. I own a house that is managed by a property management company in Alabama. I had a bad tenant who did a lot of damage and was evicted. The amount of damage was excessive and also left my house empty for about 2 months. The repair costs were taken out of the tenants deposit, however there are more damages than money. The management company contracted out all these repairs without notifying me of costs. Had I been aware of the amount of damages and cost I could have completed all of them myself for about 25% the expense. Who takes the hit on this? I pay them to manage and take care of my property and they didn't.

Here's my question, it they tell me I owe them money for the repairs they contracted, do I actually have to pay them more than what I have already lost?

Any advice is welcome.
03-01-2005, 04:15 AM
mtnstyne

Thanks
I kind of figured that. I am looking at the management agreement now and it doesn't have a set figure. But I distinctly remember while interviewing the property manager that if it was more than the escrow account of $150 they would notify me for approval. I can assure you this agreement will not be renewed with this company once it expires.

Lesson learned on my first rental property, I will set the terms of management and not the company.

03-01-2005, 03:01 PM
mtnstyne

New information
I finally had a chance to talk to a property manager and thouroughly review my management agreement. There are two points that stick out that now make me wonder if I don't have cause to terminate our agreement.

1. It states under a paragraph titled:
"APPROVAL FOR EXCEPTIONAL MAINTENANCE EXPENSES

The expense to be incurred for any one itme of maintenance, alteration, refurbishing, or repair shall not exceed the sum of Two Hundred Dollars ($200.00) unless such expense is specifically authorized by Owner."

They are getting around this by itemizing every little item with a total of over $1,500 in repairs. One of the charges is exactly $200. However, 3 of the reciepts each are for over the $200 dollars. Can this be interpreted to say they violated this clause this with these three contracts even though each one is itemized to show individual items less than the $200 limit? (btw, all the work was done by their own maintenance company which is pretty shady in my book)

2. Under the TERMINATION paragraph it states:

"This agreement may be terminated by either owner or Agent, with or without cause, upon giving the party sixty (60) days written notice. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notification to the other party, and all obligations of the parties hereunder shall cease, upon the occurrence of a breach of agreement or excessive damage to the premises."

Would the damage in the amount of 2 months rent constitute excessive damage? (it does to my wallet)

Thanks again. What a freakin nightmare.
homeGuru said:
**A: plain and simple they are in violation.
Last edited by HomeGuru : 03-07-2005 at 04:02 PM.
03-07-2005, 03:51 PM
mtnstyne

Still Developing.
I recieved a phone call today from the Real Estate Brokers assistant who owns the company that manages my property. I sent them off a very well organized and deliberate letter about my displeasure of how my property was handled under their management. I CC'd the owner. Anyway, they are having a meeting involving all the PM's with the Owner tomorrow in the morning to discuss my property.

Just thought I would update this incase anyone is following it for their own amusement.

I will post outcome of their meeting after I hear from them.
My question for OP remains the same for reasons which are obvious.
 

weenor

Senior Member
JETX said:
Gee, that is EXACTLY what I said... contact the court.
Of course, Your post was idiotic since if that was its REAL point, you would have said that.... instead of asking stupid questions. Especially, since it was already answered in the OP's first post: "He did a few thousand dollars worth of damage on his way to being evicted."
Also, I guess you overlooked the FACT that the post was made in the SMALL CLAIMS forum. :D


And yet ANOTHER reason to 'call the court', huh??


What do you 'practice'??
Clearly, you need a lot more of whatever it is...... :D
O.K. D.A. (and I don't mean District Attorney) I caught the "few" thousand, but how many is a few?...depends on the state where the small claims cut off actually is.. If you want to know Alabama's google it. . Because I practice in Alabama I may be able to provide answers to OP's questions (if mine are answered) without him having to call the courthouse. Certainly no clerk will be able to give him an accurate idea on the length of any proceeding or a cost estimate other than the filing fee.. You see you are no help here...any moron can tell him to call the courthouse and you know that..you just want to be a smartass..well that's your problem..just stay off my back....I am not sure what your deal is today, but unless and until I give incorrect legal advice you have no business (other than fun) disparaging the way I handle anything.
 

JETX

Senior Member
weenor said:
Certainly no clerk will be able to give him an accurate idea on the length of any proceeding or a cost estimate other than the filing fee.
And YOU can't either!!! Or are you trying to tell us that you have some kind of divine power (like rmet) and can tell things that the court docket clerk can't???

You see you are no help here...any moron can tell him to call the courthouse and you know that.
Guess you missed the fact that is STILL the correct answer, huh??

you just want to be a smartass..well that's your problem.
Not anymore. In fact, I think I am going to become YOUR problem... and try to correct all of your erroneous posts. Might be a full-time job though... looks like I have to get some of those associates to put in more billable hours, huh??

I am not sure what your deal is today
My 'deal' is just as it is every day.... trying to make sure that the OP's get ACCURATE responses to their questions. And if yours aren't, you can bet your ass I will be there. :D
 

rmet4nzkx

Senior Member
weenor said:
O.K. D.A. (and I don't mean District Attorney) I caught the "few" thousand, but how many is a few?...depends on the state where the small claims cut off actually is.. If you want to know Alabama's google it. . Because I practice in Alabama I may be able to provide answers to OP's questions (if mine are answered) without him having to call the courthouse. Certainly no clerk will be able to give him an accurate idea on the length of any proceeding or a cost estimate other than the filing fee.. You see you are no help here...any moron can tell him to call the courthouse and you know that..you just want to be a smartass..well that's your problem..just stay off my back....I am not sure what your deal is today, but unless and until I give incorrect legal advice you have no business (other than fun) disparaging the way I handle anything.
We don't even know if the damages amounts in the thousands or whether it is worth OP's time to go from FL to AL to file. If OP's thread from last year is for the same tennant, by his own admission the security deposit covered some but not all of it, nor do we know the terms of the rental agreement/lease if all of his "damages" are the responsibility of the tennant, some may be the responsibility of the management company or OP may be trying to be paid twice for his loss. It seems strange that OP is all fired up to sue in small claims court but can't come up with the amount of damages so anyone can answer his question
Question: In order to go through the legal process of having a judgement against him, what should I expect (time/court cost/days in court/etc...)? It has been almost a year and the collection agency has proven to be worthless. I am trying to decide if I should do the court thing in Bama for the debt and then track him down in California and have assets/wages garnished...
If he can't tell us what his remaining damages are, how would a court clerk be able to tell them anything beyond filing costs?:confused: OP obviously knows how to respond to a thread, yet they don't answer any questions.
 

weenor

Senior Member
JETX said:
And YOU can't either!!! Or are you trying to tell us that you have some kind of divine power (like rmet) and can tell things that the court docket clerk can't???


Guess you missed the fact that is STILL the correct answer, huh??


Not anymore. In fact, I think I am going to become YOUR problem... and try to correct all of your erroneous posts. Might be a full-time job though... looks like I have to get some of those associates to put in more billable hours, huh??


My 'deal' is just as it is every day.... trying to make sure that the OP's get ACCURATE responses to their questions. And if yours aren't, you can bet your ass I will be there. :D

You go ahead sweet cheeks...and when you get your Alabama license let me know....maybe I could sign for your pro hoc vice admission since I can vouch for your character and expertise. NOT.
 

JETX

Senior Member
weenor said:
You go ahead sweet cheeks...and when you get your Alabama license let me know....maybe I could sign for your pro hoc vice admission since I can vouch for your character and expertise.
Hmmmm, you keep implying that you are supposed to be an attorney.... yet, don't know that the proper term to allow legal practice is NOT 'license'.
And that 'pro hoc vice admission' isn't applicable since it is not blanket and is only valid for out-of-state trial counsel for a specific 'one-time' case. :D

Don't be surprised when you get an email from the forum asking you to prove your claim of being a licensed attorney or to be banned.... it is on its way. :D
 

mtnstyne

Member
You guys done fighting yet?

Anyway, I will try to answer all the questions above.

County - Coffee
Amount of damage - $4k

Came to an agreement with the management company and have a new agreement with them to manage my property under rules more acceptable by me. I have asked the PM to check with their attorney to see if they should be doing this on my behalf and what the cost/time is for it to be done.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top