victim1989
Junior Member
What is the name of your state (only U.S. law)? Maine
We sued a property management company (an LLC) in small claims for money not paid. We signed a contract with this company to "lease to own" our property. We own the property and they were to sublease the property to pre-screened tenants. The company was to pay us monthly, when they stopped paying us, they were in default of the contract (a 5 yr contract). They defaulted on this contract 8 months into it. We obtained an attorney after being unsuccessful at trying to get the property back ourselves or to obtain the money they owed us. We had to file a forcible entry and detainer (FED) to get our own property back! The company said they wouldn't give it back unless we settled outside of court for damages. (the place was destroyed by the tenents they placed in the property). We obtained our property back and took the company to small claims court for the owed back rent (a few months worth). We won the lawsuit and they were ordered to pay. They didn't pay us, so we filed disclosure papers and went to court again for the disclosure hearing. Between the small claims and disclosure hearing, the company "disappeared". They took their website offline and started a new business at their previous listed business address. At the disclosure hearing the owner agreed to pay a sum of money each month until the judgement was paid. They didn't pay us after the disclosure hearing. Today, we filled out contempt of court paperwork with the district court. They are in contempt of the judge's order to pay. We have a date for the contempt hearing. The sheriff just has to serve the judgement debtors. These people (the owners of the LLC), have shielded thier assets by placing all properties owned in a trust. None are in the LLC's names or their own. My question is, once we go to court for the contempt hearing (which, I guess the court will fine or could imprison the debtors until judgement paid-or at least that is what it states on the paperwork anyway), what happens then? How can they be made to pay? They both have their own "businesses", so wages could not be garnished. Will we ever get the money they owe us? This will be our 4th time in court with these people trying only to get what is owed to us. Is there another step we can take after this? I had previously posted questioning whether or not we can place a lien against a property they own, but the responses determined,this most likely cannot happen unless the LLC owns the property, as the owners are shielded by the LLC.
We sued a property management company (an LLC) in small claims for money not paid. We signed a contract with this company to "lease to own" our property. We own the property and they were to sublease the property to pre-screened tenants. The company was to pay us monthly, when they stopped paying us, they were in default of the contract (a 5 yr contract). They defaulted on this contract 8 months into it. We obtained an attorney after being unsuccessful at trying to get the property back ourselves or to obtain the money they owed us. We had to file a forcible entry and detainer (FED) to get our own property back! The company said they wouldn't give it back unless we settled outside of court for damages. (the place was destroyed by the tenents they placed in the property). We obtained our property back and took the company to small claims court for the owed back rent (a few months worth). We won the lawsuit and they were ordered to pay. They didn't pay us, so we filed disclosure papers and went to court again for the disclosure hearing. Between the small claims and disclosure hearing, the company "disappeared". They took their website offline and started a new business at their previous listed business address. At the disclosure hearing the owner agreed to pay a sum of money each month until the judgement was paid. They didn't pay us after the disclosure hearing. Today, we filled out contempt of court paperwork with the district court. They are in contempt of the judge's order to pay. We have a date for the contempt hearing. The sheriff just has to serve the judgement debtors. These people (the owners of the LLC), have shielded thier assets by placing all properties owned in a trust. None are in the LLC's names or their own. My question is, once we go to court for the contempt hearing (which, I guess the court will fine or could imprison the debtors until judgement paid-or at least that is what it states on the paperwork anyway), what happens then? How can they be made to pay? They both have their own "businesses", so wages could not be garnished. Will we ever get the money they owe us? This will be our 4th time in court with these people trying only to get what is owed to us. Is there another step we can take after this? I had previously posted questioning whether or not we can place a lien against a property they own, but the responses determined,this most likely cannot happen unless the LLC owns the property, as the owners are shielded by the LLC.