Eviction Process Tenant skip last months rent - did my lawyer drop the ball?

[frank31]

Jurisdiction

New York

Tenant has skipped last month rent and refused to communicate with me. My lawyer suggested eviction and a hearing was scheduled. My lawyer said they had no defense and he would leverage the eviction to make a deal they will leave early or pay his fees. He presented this as the only option and as a full proof one. The tenants lawyer asked to delay due to discovery and now the trial date is one day after their move out date.

My lawyer said we could not see that coming after I told him if I knew they could do that I would have just waited till the lease was over to see if they leave as he charged me for the hearing appearance. After doing some research I found its a very common defense and I feel my lawyer just wanted more money. Is there anything I can still do to take the tenants to court? Did my lawyer act not in good faith by not telling me about this option?

 

[army judge]

As a former landlord, it's not worth chasing a tenant who skips the last month's rent.

That's one reason I sold my properties.

There are too many deadbeats out there.

No one can prove what another person knew.
Don't bother with trying to prove your lawyer's motives.
It's easier to fire your current lawyer, and retain one you can trust.

 

[frank31]

thanks, I will definitely not move forward with the current lawyer however, since we do have a court day scheduled and they did brake the law by skipping rent (they are still in the house, lease ends this 14th) if I can get the eviction they will also need to pay for my legal expenses.

Also, I feel like I cannot let them get away with it. As a landlord all I have is the deposit. The laws are so pro tenant here that i feel this is the only thing I can do..

 

[army judge]

thanks, I will definitely not move forward with the current lawyer however, since we do have a court day scheduled and they did brake the law by skipping rent (they are still in the house, lease ends this 14th) if I can get the eviction they will also need to pay for my legal expenses.

Also, I feel like I cannot let them get away with it. As a landlord all I have is the deposit. The laws are so pro tenant here that i feel this is the only thing I can do..

If you prevail, you will have the parties evicted (by force, if necessary), so you'll eventually get you property back in your control.

You don't receive the money, like Judge Judy, The People's Court, and Judge Mathis do for their litigants.

You'll get a judgment saying Bob owes you $3,000, plus Bob owes you another $5,000 for your Lawyer, Louie Lister.

You must then endeavor to "perfect" the judgment, and begin investigating what the deadbeat owns that you can attach to sell. HINT: Most of his junk is exempt from asset seizure, forfeiture, and sale. That means you try to discover where he works, so you can get another order directed at his employer to levy against his wages to pay the debts. Such a levy is limited to around 25% of his wages, in your state, Missouri.

25% of disposable income, defined as income remaining after legally required deductions—and only legally required deductions, like FICA, income taxes, state & federal, are taken from a person's wages.

What is that critical Missouri departure from the federal scheme for how much can be garnished? If someone is the head of—and supports—a household, only 10% of their non-exempt disposable income can be garnished. That means that for the primary or sole breadwinner of a family, 90% of his or her income is protected from garnishment.

Finally, even with a judgment, a debtor can simply declare chapter 7 bankruptcy, and judgment is washed away in his or her final discharge.


These articles explain the garnishment process in MO:
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http://www.mobar.org/uploadedFiles/..._Course_Materials/Palmer - How to Collect.pdf
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Missouri Wage Garnishment | MO Exemptions | Maximum Threshold | Writ of Garnishment | DebtSettlementLawyers.com
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The sad truth is, you're going after a deadbeat, a working stiff who probably earns less than $50K a year, if that.

Fewer than 10% of judgment holders nationwide never collect a dollar on their judgments.

Plus, you'll be stuck with those lawyer fees.
Of course, you can try chasing Davey Deadbeat to collect it from him at the rate of $100-$250 payday.
I only wanted to get the deadbeat out to prepare the property for the next deadbeat.
That's why I sold my properties, nothing but a constant headache.