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Small claims court

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January 30, 2009 at 10:43 a.m.

jcagle9595

Some of you may recall that I paid a real estate broker a large commission (almost $7000.00) for bringing a tenant for a 36 month lease in 2006. The tenant was a deadbeat right from the start and moved out after the second month. I requested a refund of the unearned commission from the agent and they told me tough chit.

I finally got around to suing them in small claims on Nov. 12, 2008, and just found out that I won every dime I sued for.

I wonder how many people get screwed by re agents like this and don't do anything about it, not knowing they would win?

>>>

January 30, 2009 at 9:37 p.m.

Roof Doctors USA

Way to go. I like hearing about justice served.>>>

January 30, 2009 at 7:57 p.m.

Old School

The audacity of the jerks!>>>

January 30, 2009 at 6:33 p.m.

Ed The Roofer

Actually, after that time period, you have to make a motion first for Discovery of their assets and they are legally obligated to fully disclose them to the court.

Then, on a separate court appearance, you will need to motion for Enforcement Of The Judgment and/or Garnishment of Assets and/or wages.

Good for you for sticking to your guns and sharing the story that many may not have known about for recourse.

Ed>>>

January 30, 2009 at 11:08 a.m.

jcagle9595

Hi Jed. After the appeal period expires (30 days from date of judgement)you can attach about anything they own, including their bank account. You can go back to court and get any additional costs of collection added to the judgement, as well as interest @ 10%. If they cry poor the judge can allow them to pay small payments.

If they file bk you're screwed. That's why you really want to be selective about who you bother with suing.

However, in the case where they have plenty of money but are just arrogant asses you've got em.>>>

January 30, 2009 at 10:53 a.m.

Jed

Right on. How does the enforcement work? Do they have to pay back in lump or payments dragging out over years if they want to? What if they go broke? What if they refuse to pay is there a repo man or something?>>>


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