I filed a lawsuit in Harris county Houston TX against former tenant who left about $5K damage. Since I live out-of-state, can I have my property mangement company prosecute to get judgment on my behalf since they have all documents and pictures and dealings with tenant?
2 Answers from Attorneys
Unless they are Attorneys, it would be illegal for them to represent you in all Courts (felony barratry/unauthorized practice of law, aside from a violation of the Rules of the Real Estate Commission).
If you assign the claims to them, they may be able to move forward, but that is a really bad idea. Plus you may have to testify if they are contested. Any lawyer would have likely handled this for a couple of hundred dollars and maybe a percentage of what comes out of it. However, if the person is already under prior Judgments,you are wasting your time and your claims should ahve aimed at the negligence of the real estate management company if they "qualified" that tenant. WIth an active prior abstracted Judgment on file, they will get paid first even after your work, instead of you since they have priority lien on all defendant's assets. If you need to talk to a Real Estate/Litigation/Collections Lawyer for a no-fee consultation, pleae email me back so I can set it up. Thanks. USE THIS EMAIL: firstname.lastname@example.org
Edward J. Kazaleh
Attorney Mediator Arbitrator
5609 Val Verde
Houston, TX 77057
Did you ever get this issue and case resolved?
Please let me know if you need a free phone consultation.
Related Questions & Answers
Hello Im having an issue with a lanlord. I leased a property from a company in... Asked 11/10/12, 12:19 pm in United States Texas Landlord & Tenants
Can a landlord serve you with a 3 day eviction notice Asked 11/09/12, 6:58 pm in United States Texas Landlord & Tenants
My commercial tenant committed suicide in the middle of his lease term. Now his... Asked 11/08/12, 11:47 am in United States Texas Landlord & Tenants
I am on a housing program that helps pay part of my rent. my half of the rent is... Asked 11/07/12, 1:07 pm in United States Texas Landlord & Tenants