Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I was sued by my tenant while I had given my property to a…

Customer Question
Hi, I was sued...

Hi, I was sued by my tenant while I had given my property to a management company and I thought I had liability insurance but I did not have liability insurance. The tenant had called that there was a leak in the bedroom three days in a row but the management company never replied to them, the third day they claimed that their minor son was injured from a sheet rock falling on his neck.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Yes, SC

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Well, the management company never answer their phone calls

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Now there is a confession of agreement or something like that and I talked to the attorney of the management company and he told me that they agreed to 10k but now the agreement states 20k.

Submitted: 27 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/27/2018
Lawyer: Law Educator, Esq., Attorney replied 27 days ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,273
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Regardless of the judgment, the management company is liable to you to pay it or you can sue them for the costs their negligence incurred to you. It was their duty to manage your property, including arranging for proper insurance and for making proper repairs and it was their negligence. So, if they are not doing so, you can sue the management company to force them to pay. It is up to the attorney for the management company to get his client to pay and to resolve this issue, which is why you pay for a management company. If he does not, then you would need to sue the management company.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 27 days ago
the problem is that I did not have a liability insurance
Customer reply replied 27 days ago
I did not have liability insurance and I did sue them but the judge gave them all the rights.
Lawyer: Law Educator, Esq., Attorney replied 27 days ago

Thank you for your reply.

If the case has been to court already, then you can appeal the judgment. If the consent judgment was for $10K, they cannot pursue it for $20K. So, you have a right to insist on holding them to the $10K or you need to appeal the judgment to the appeals court.

Ask Your Own Legal Question
Customer reply replied 27 days ago
well, the confession was sent to me from the management company's attorney and he was in contact with me about the 10k and he told me that they want 20k but he said they have to an agreement to take 10k.
Lawyer: Law Educator, Esq., Attorney replied 27 days ago

Thank you for your reply.

Okay, but if you disagree with the judgment, then you need to file an appeal of the judgment. It is either that or you accept the confession of judgment if the court refused to hold the management company liable to you for their negligent management.

Ask Your Own Legal Question
Customer reply replied 27 days ago
They said they would give the management company the rights because it was my negligence for not having liability insurance, My attorney did not do anything for me except taking all my money, she took 20k from me and I could not afford her anymore and she kept putting me in a bad spot. What do you suggest I do now?
Lawyer: Law Educator, Esq., Attorney replied 27 days ago

Thank you for your reply.

Well, honestly, you were at fault for not having insurance, but also it was the management company that should have told you to have insurance as well, so they were negligent. However, once the court decides, your limited options are to 1) settle for the $10K, 2) appeal the judgment to the appeals court.

Ask Your Own Legal Question
Customer reply replied 27 days ago
Are you in SC, and would you recommend an attorney who would not charge me too much money like the other attorney did?
Lawyer: Law Educator, Esq., Attorney replied 27 days ago

Thank you for your reply.
State laws forbid any expert on this site from representing anyone from this site, the only thing we are allowed to suggest would be to use the same site used by other attorneys http://www.hg.org

Ask Your Own Legal Question
Customer reply replied 27 days ago
This is what the management company attorney sent me first
According to Mr. Usry, this case is settled pursuant to your commitment to pay $10,000.00 as follows: $6,000.00 up front and the balance of $4,000.00 over the next 6 months. I have copied Mr. Usry with this e-mail so that we can all communicate regarding the same. He will have instructions for you regarding payment and I will prepare a Release for everyone to sign, which I will send over by e-mail asap. The Release will outline the terms of settlement and it will be a binding agreement that this matter has been ended forever.I am sure Rob will want the payments made by certified checks. Also, Rob will be preparing a document called a confession of judgment, which we have not discussed, but it is necessary for him to make sure you following through with your agreement to repay the $10,000.00.Then he sent me the confession and the confession stated that I have come to an agreement to pay 20k.
Lawyer: Law Educator, Esq., Attorney replied 27 days ago

Thank you for your reply.

If you agreed to those terms at $10K that is the terms of the agreement, not $20K and you need to inform him of that. Like I said above. If they will not correct it, then you have to go back to court and file an appeal and to vacate the confession based on it being erroneous.

Ask Your Own Legal Question
Customer reply replied 27 days ago
I need better advice, what should I do
Lawyer: Law Educator, Esq., Attorney replied 27 days ago

Thank you for your reply.

You want legal representation from us, aka "better advice," when we have told you we cannot represent you. Please do not continue to ask us to violate any laws by trying to circumvent the law on representation.

Even if we could represent you, we could not make the actual decision for you (which is what you seem to want) and we have presented the information to you even based on your throwing in additional facts as we went along, but the actual decision on what to do is your decision.

If it were me and the attorney would accept the original $10K offer, I would pay it out and be done with it. But if they are now seeking to make it $20K when you agreed to $10K you should pursue the matter in court to vacate the consent judgment based on them changing the amount. That is the best I could tell you and it is merely information for you to decide what to do with as you please.

Ask Your Own Legal Question
Customer reply replied 27 days ago
I never intended for you to make a decision for me, but do not give me an advice which I already know, I need an advice what to do and even if I hire an attorney at this point, I would want to know what it might cost me. The confession of judgement was sent to me from the management company's attorney and he has been in contact with me stating that they have accepted that ammount and then when they sent me the file for the confession of judgement it seems like they want me to pay 10k now and 10k later. The management company has also been sued. Is this confession from the court or is this what they are writing for me to sign and accept then they will present it to the court?
Lawyer: Law Educator, Esq., Attorney replied 26 days ago

Thank you for your reply.

You are playing word games, you are saying, "I need advice what to do and even if I hire an attorney at this point" and then you say, "I never intended for you to make a decision for me." Those two statements are opposites and conflict. On top of that you keep adding in new facts or changing up the facts or throwing little things now that maybe you did not think were important earlier.

Now you add in new facts and want me to answer you about the confession document itself. I'll answer you on that when you upload a link to the document and I can read it for myself.

Ask Your Own Legal Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 123,273
123,273 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

123,273 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am looking for legal representation to file a petition to
I am looking for legal representation to file a petition to have my sister removed as power of attorney for my mom … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
If you will I need assistance in locating representation for
Please if you will I need assistance in locating representation for a criminal case. May I give you my number for contact. I need Council as soon as possible. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm interested in legal representation in NY state. The DMV
I'm interested in legal representation in NY state. The DMV is alleging driver license fraud against me. Do you offer referrals, or just advice?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,273 satisfied customers
I'm in need of representation on site 54137 Krakow, WI we
I'm in need of representation on site 54137 Krakow, WI we have a rape accusation, and I'm seeking a party prior to talking with officials. This is a request for help, not the involved party direct … read more
Thelawman2
Thelawman2
Doctoral Degree
1,353 satisfied customers
I need representation to answer an order to appear in
I need representation to answer an order to appear in Ozaukee County Wisconsin on March 20, 2018 @ 9am, but I live in California and cannot afford to travel to Wisconsin to appear in court to review c… read more
Sean K
Sean K
Attorney/Member
JD
429 satisfied customers
Do county jail inmates have access to legal representation
do county jail inmates have access to legal representation when it comes to obtaining temporary custody of a minor? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I'm seeking legal representation regarding employment
I'm seeking legal representation regarding employment issues. I'm a 59 yr old female er nurse that was called into administrations office last night as I arrived for my shift. I was suspended because … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
I am self employed and I have liability insurance how ever
I am self employed and I have liability insurance how ever the company is auditing me to see if I owe them more money … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
How can an indigent inmate get representation during a
How can an indigent inmate get representation during a divorce? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,866 satisfied customers
Is it required that a written representation agreement or
Is it required that a written representation agreement or fee agreement be signed by a client when they work with a lawyer? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I was referred to your Legal Representation for Tenants from
I was referred to your Legal Representation for Tenants from Tenants Rights Group. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
I'm being tortured and need legal representation for medical
I'm being tortured and need legal representation for medical malpractice, family law and civil rights and have no money. What should I Do? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,187 satisfied customers
I'm not employee, I got MEDICAL KAISER INSURANCE FROM MY
I'm not employee, I got MEDICAL KAISER INSURANCE FROM MY ROOMATE-Boyfriend, we are not married but living together. Can I apply for MEDICAL or no and why.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
I am looking for representation regarding a Company, Ditech,
I am looking for representation regarding a Company, Ditech, that I feel is harassing me. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I am inquiring about international legal representation. and
I am inquiring about international legal representation. I am Canadian and have legal distribution rights in the Philippines. The manufacturer is in Germany and is threatening to open up partnership w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
When the creditor sues on a confession of judgment, is that
When the creditor sues on a confession of judgment, is that the opportunity to challenge the leality of the confession (cognovit)? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,273 satisfied customers
I have general liability insurance and builders risk
i have general liability insurance and builders risk insurance, i had my property surveyed by a professional survey "it was done right gps located loved and all" my excavtor has general liability also… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
If I only have liability insurance and the opposite side is
If I only have liability insurance and the opposite side is at mistake do they have to cover alll my expenses in NC… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x