Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have a property management company and a tenant sued me and…

Customer Question
I have a property management...
I have a property management company and a tenant sued me and received a judgement against me. I filed the appeal two days late for extenuating circumstances.
The judgment was filed against me personally but the property management company is an LLC.
Can the judgment be vacated because it against me personally and not the company?
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
5/30/2015
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
Verified
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, once the judgment is entered, it cannot be vacated unless it is due to error of the court, a procedural mistake, or a review where based on law the judgment is in error. The claim that they had a wrong defendant (that they needed to sue the LLC and not you) had to be brought up prior to judgment, not after, so the fact that the party was never challenged means that the judgment likewise cannot be challenged at this point--claiming that this was the wrong party has to be made during pre-trial, not after the fact. I am sorry!
Sincerely,
Dimitry, Esq.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Dimitry Esquire 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

41,221 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I rented my home a couple years ago as I was having
I rented my home a couple years ago as I was having difficulties financially. From the very first day I had issues with the tenants. They destroyed my home and I did not give them back their deposit. They filed a law suit against me. at that time I was in bankruptcy and my attorney for bankruptcy filed a response. Since then I heard nothing from tenants or their attorney but today I got a letter from the court stating a default judgement of $9,000 ordered to pay tenant. I NEVER got a notice of any hearings taking place. Can an appeal be filed? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
I have a tenant who has a binding one year lease with me
I have a tenant who has a binding one year lease with me through her company name. She has attempted me a 60 day notice getting out of her lease which is during off season at a ski resort, and is refu… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I have a house in Delaware that I decided to rent last year
Hi. I have a house in Delaware that I decided to rent last year because I've relocated to another state for a job. The management company I hired placed a family in my home. The tenants were reliable … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I live in Florida, and I received a judgement against me in
Hi I live in Florida, and I received a judgement against me in 2011 by an HOA. The house was sold in 2012 and the bank paid the HOA in full to remove the lien they put on the house and to satisfy the … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have a tenant who is two months behind on rent,has trashed
I have a tenant who is two months behind on rent,has trashed the property.broken doors and windows ,moved in other people and I know but cannot prove is dealing drugs and may be making meth.He will no… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Can a Property Mgr strip a Tenant of his apt. when he becomes
Can a Property Mgr strip a Tenant of his apt. when he becomes ill after he has having lived there for 23 +yrs.?… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I formed separate LLCs to manage my rental properties in FL.
I formed separate LLCs to manage my rental properties in FL. The LLCs are formed in another state. My name is XXXXX XXXXX the leases/guest agreements - the property management company name is. My insu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a tenant who has always paid my rent on time. January
I am a tenant who has always paid my rent on time. January 1, 2014 the property management company was changed and I did not know this. My rent for Jan Feb March went to the wrong property manager. Th… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I WAS SUED BY TENANT WHO DEFAULTED ON RENT PAYMENT FOR TWO
I WAS SUED BY TENANT WHO DEFAULTED ON RENT PAYMENT FOR TWO MONTHS I HAD SOME ONE WAIT AND DELIVERY NOTICE OF BREECH I RENTED THE BUILDING OUT TO ANOTHER TENANT AT A LOWER COST TO COVER EXPENSES. PLAIN… read more
LawyerWriter
LawyerWriter
Doctoral Degree
161 satisfied customers
If a rental tenant gets a five day eviction notice; on the
If a rental tenant gets a five day eviction notice; on the third day the tenant receives funds to pay the rent+late fee, but the manager states," I am not to accept any funds from the tenant!" The mov… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I had an LLC that was the Lessee for a strip mall store. We
I had an LLC that was the Lessee for a strip mall store. We sold the business, which was going under, and did not pay the last month's rent of 2k. Landlord sued me personally, not the LLC. The origina… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
we have a tenant in our home who rents month to month, no lease
we have a tenant in our home who rents month to month, no lease was ever signed and he never wants reciets for his rent ( pays cash ) after having him here for only a few months he has become verbally… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am Landlord in Jersey City NJ. Last year on 1/15/2009 may
I am Landlord in Jersey City NJ. Last year on 1/15/2009 may tenant signed six omnth lease with my LLC. It was written in the lease that Tenant has to provide written forwarding address in order to rec… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My tenant havent paid for April rent. I sent out a letter
My tenant haven't paid for April rent. I sent out a letter to request rent and late payment. They did not contact me back. After how many days non-payment of rent can I send out vacate notice and star… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I would like to know if there is a time frame for notification
I would like to know if there is a time frame for notification of lockout. For example, does the management have to give you a three day notice, or can they call and tell you in the next hour you'll b… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
San Jose California Commercial lease, late on payment ...
San Jose California: Commercial lease, late on payment for May Landlord''s supervisor told tenant on the 28th of May to hurry up and pay or you will be sued for payment Tenant mailed rent to landlord … read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
My property management company filed a summary ejectment ...
My property management company filed a summary ejectment for a tenant for non-payment of rent in the state of North Carolina. After the tenant was served, she paid $700 rent ($100 less than what was o… read more
AlexLaw
AlexLaw
Doctoral Degree
140 satisfied customers
I have been living at my rental house for over a year now ...
I have been living at my rental house for over a year now and have never been late on paying my rent. According to my rent agreement as long as the envelope which contains my check is postmarked 1st o… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 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