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

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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: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/27/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,929
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.

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Customer reply replied 3 months ago
the problem is that I did not have a liability insurance
Customer reply replied 3 months 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 3 months 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.

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Customer reply replied 3 months 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 3 months 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.

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Customer reply replied 3 months 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 3 months 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.

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Customer reply replied 3 months 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 3 months 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

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Customer reply replied 3 months 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 3 months 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.

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Customer reply replied 3 months ago
I need better advice, what should I do
Lawyer: Law Educator, Esq., Attorney replied 3 months 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.

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Customer reply replied 3 months 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 3 months 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.

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