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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 47053
Experience:  Attorney with 29 years of experience.
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Im suing a former tenant for non-payment of rent in Suffolk

Customer Question

I'm suing a former tenant for non-payment of rent in Suffolk County, NY. The case is 2 years old. A judge ruled in my favor, then vacated the judgment because my lawyer improperly filed the papers. This happened in February and my lawyer still has not re-filed. How can I get rid of him and start anew with another lawyer?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. There is really no need to sue the tenant again; rather seek your lost judgment amount from your lawyer who botched your case. What you want to do is raise the stakes on your lawyer so that he knows that not complying with your demands is going to cost him far more in the end than simply giving you your refund now. You should send him a certified, return receipt requested letter detailing the history and demanding he refund any fees you've paid plus pay the amount of the judgment to which you would have been entitled but for his incompetence in total within a short specified period of time. Inform him that if your demand is not timely complied with, you will have no choice but to: i) file a formal ethics complaint with the state bar association, and ii) file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as breach of contract and negligence causes of action,, but also as a gross negligence claim, which will entitle you not only to your actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your ethics complaint and your suit.



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Customer: replied 1 year ago.

Thank you for your suggestion, but I fear that I'd get lost in "legal hell" by seeking payment from my lawyer. I doubt I could even find him and I'm pretty sure he wouldn't pay. I think I'd prefer to change lawyers, since the case is still open. Can you advise me regarding that?

Expert:  Richard replied 1 year ago.
You're welcome and thanks so much for following up. In that case, you would send him a letter of termination and request that he forward your file to your new lawyer. Your new lawyer would then handle the case and file the requisite change of counsel motion with the court. Once you get your case resolved with your tenant, you can then make a decision how to deal with your former lawyer with regard to any loss or increased legal fees you've incurred.
Richard, Attorney
Category: Legal
Satisfied Customers: 47053
Experience: Attorney with 29 years of experience.
Richard and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you.

Expert:  Richard replied 1 year ago.
You're welcome...it's my pleasure to help! Have a great evening!
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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Richard
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