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Won case, defendant filed appeal

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xanthia

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I won my case against a tenant that moved out without any notice and had 9 months of the lease remaining. I won the 4 months rent, late fees, water bill, cleaning etc. She had an attorney, I was pro se. They have filed an appeal and are requesting a new trial.

What are my chances of losing since it was pretty cut and dry contract law? Should I hire an attorney? Main question is, when she signed the original lease, we were an llc. We disolved it months later. She renewed her lease for another term but moved out in the 4th month. Will my contract be deemed void since the llc disolved? Just wondering if they found a loophole and have a chance at winning. Thanks for any help or info.
 


Proseguru

Member
Companies buy and sell property all the time, it does not make people free of their obligations (otherwise when a bank sells, no one would pay for their loans anymore).

Sounds like their lawyer just wants to make more $$.

But you can look up the subject matter on google scholar & prepare for trial. This type of defense would be like a motion to dismiss for lack of standing.
 

xanthia

Junior Member
My biggest scare was they had found a loophole and dissolution of the llc was all I could think of since our contracts are detailed and follow the letter of the law. The commisioner did not really blink an eye when finding in our favor so the appeal is suprising really. Agreed, I thought he may just be trying to gain more funds from the defendant. I still ask, do you think I should hire an attorney this round? Or do the chances of winning again seem good?
 

Proseguru

Member
I still ask, do you think I should hire an attorney this round? Or do the chances of winning again seem good?
If you wish to get a lawyer, its up to you. If its a $500 case, its not worth it of course...you legal fees (unless you have a contract stating its recoverable) is not recoverable.

You won the first time ... what other evidence/testimony/defense angle they have? Who knows. But it is a brand new trial. What happened in the past may mean nothing.
 

John_DFW

Member
. She renewed her lease for another term but moved out in the 4th month. Will my contract be deemed void since the llc disolved?
Who was the new lease with? The dissolved at the time llc, or yourself?

Who is the plaintiff in this, the dissolved llc or yourself?
 

xanthia

Junior Member
Original lease states llc and I signed my name. Lease renewal only states tenants name and that original terms and conditions apply. Plantiffs were my husband and I personally. The commissioner asked about the LLC vs our personal names, told her it dissolved and she never said another word about it, and gave us the judgement.
 

Proseguru

Member
Original lease states llc and I signed my name. Lease renewal only states tenants name and that original terms and conditions apply. Plantiffs were my husband and I personally. The commissioner asked about the LLC vs our personal names, told her it dissolved and she never said another word about it, and gave us the judgement.
If the LLC was not dissolved & it is not in good standing with the state then the LLC cannot be a plaintiff in a civil suit.

And your personal suit v. LLC as plaintiffs may have issues. But this jurisdictional issue has already been decided it looks like; the new trial judge should take notice of this fact but will rule again anew on this issue as it appears as if it will be brought up again.

Amazing how the OP did not mention this with the original post.


So did you actually dissolve the LLC or just let it go by the wayside?

You should do some google scholar research on this subject.
 
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xanthia

Junior Member
Are you sure you understand my post PP? The lawsuit is our personal names not the LLC. Which id how it should be. You have it turned around. I have spoken to an attorney and the way it looks is it is not an issue. The lease follows the property not the people. If we had sold the property, the lease is valid and goes to the new owners until term. Make sense?
 

John_DFW

Member
Were the rent payments for the end of the lease term made out to the llc, or yourself as an individual?

I can't guess what the defense will attempt, but they might try to challenge your standing since the tenant had no contract with you as an individual. They could try to present evidence to support that claim, and you could present evidence to dispute that claim.

Do you have recourse for attorneys fees should you obtain one and win a judgement? If so, why not retain one?
 

xanthia

Junior Member
Checks were never made to the llc. Made payable to my husband. If we hire a lawyer and win, the law caps it at 100.00 she would have to pay. My attorney wants 1000.00, so it is a large cost we are trying to avoid. We sued for 3400. and won 3308. So.....
 

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