Legal advice - seeking legal representation
Member since 2024 · 4 posts · 3 votes
Legal advice - seeking legal representation
8 Replies
- Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes4mo
@Jessica Long, I can't recommend anyone but a few questions/thoughts:
1. How much over a small claims case is this? In my state a small claim can go up to $12k, but if I was facing a $15k case, I would likely choose to file in small claims court for $12k and handle it myself.
2. One of the reasons for my choice in #1, is that I cannot recoup my legal costs. There is no sense me spending $5k with only the HOPE of winning a judgement for an additional $3k.
3. Have you evaluated the changes you have of actually forcing payment and collecting on a judgement against these tenants? Many landlords will not even bother to sue at all because the prospects of actually collecting the judgement awarded is so low.
4. I would have no hesitation about DIYing a small claims case but would think long and hard about spending real money to get a larger judgement unless I had a VERY realistic possibility of recovering that judgement award.
In my state the most likely way I could recover it would be if the tenant owned real estate. Garnishments are possible but difficult and sometimes impossible for tenants with children who make entry level wages.
- Member since 2024 · 4 posts · 3 votes4mo
@Kevin Sobilo Thanks for your comment. This is a large claim suit (over $10k). In Maryland, I believe large starts over $5k. We plan to handle most of it ourselves, but we manage remotely and need some type of represenation (someone to appear physically on our behalf in case the court does not allow remote rep from us, personally) and to advise us, as this is our first time doing this. For the amount of legal involvment we need, we are trying to cap it at $2k. I do realize that is a risk, though, as we cannot recoup that, so thanks for that reminder.
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2.-3. how do I judget the liklihood of a judgement in our favor (I know our case is solid and then tenant has assets/resources...)? I really don't know what our chances are. Our case is def. clean cut, well documented etc...now idk how the judge will rule, but possibly in our favor.
4. Maybe it is still possible, while being remote. I am a bit nervous about it, though. The tenant in question does own real estate and holds a good job, so we are hoping that will help us recoup something.
- Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes4mo
Since the tenant owns real estate that is VERY good for you. In my state an unpaid judgement can be filed as a lien. It can't be used to foreclose on a primary resident, but can be used to foreclose on other property. Even on a primary, it would simply collect interest until they wanted to sell, refinance, or died.
I'm in a cheaper market than you and I think here someone would might spend $2k on a lawyer for an eviction in small claims court. So, I don't know how possible it is to get a more complicated court process handled for that amount in a more expensive state.
Keep in mind you may have lawyer costs to handle the court case AND THEN pay them again to pursue the debt for you. So, you are likely paying them for 2 different types of work and won't get that money back.
Also, ask how much you will physically need to be there. Since you manage the property you may need to testify even if just to attest to what the documentation is and how it was collected.
Keep in mind that your physical distance may be a factor. People play games with the system. They may ask for last minute continuances knowing you have already traveled to attend a hearing and then will have to come back again when its rescheduled. People often use the system to frustrate their opposition.
I might consider asking the lawyer to make contact and try to get a settlement before jumping to court.
- Member since 2024 · 4 posts · 3 votes4mo
Thank you so much Kevin! Invaluable advice. I’ll consider all this before moving forward. We definitely need to weigh the pros and cons and actual financial benefit of perusing this, especially since even my traveling back is pretty expensive. I really hope we settle before court, but maybe that is just wishful thinking. Thanks again!
- 4moDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
How does the cost of traveling back and forth for court appearances compare with the cost an attorney might charge to handle this?
Logical Property Management4.9459 Reviews - Member since 2024 · 4 posts · 3 votes4mo
That is a good question. It will depend on how many times I have to travel. It would probably need to be about four trips before it started being about the same cost. I don’t know that I am confident in representing myself but I will if I need to. At this point I’m hoping they even find him to serve papers. I have his actual house address and work address, but his home was being renovated so I’m not sure where he is living. He ghosted me pretty much right away after he moved out (no surprise there). I have tried to return his mail (including medications), security deposit information etc…but all silence.
- Attorney · 10451 Mill Run Cir #755 Owings Mills, MD 21117 · Member since 2025 · 25 posts · 3 votes2mo
Quote from @Jessica Long:
Hi all. I searched the legal category forums, for Maryland specifically, but did not see any past threads. Please redirect if there is some place better for me to ask this.
Can anyone help us get started in finding legal advise/aid for a large claim rental court case we plan to file in Maryland (Prince Georges, MD). We are filing a large claims case and in need of representation (limited scope, as we can handle a lot of the leg work ourselves). We have not hired a lawyer who specializes in rentals/real estate before. Any ideas of where to get started? Any recommendations? Thanks, in advance.
Hi @Jessica Long, it sounds like you’ve already put a lot of work into documenting everything, especially while managing the property from out of state. I’m Diana Khan, a Maryland real estate attorney, and my firm handles landlord tenant and real estate matters. I know this post is a little older, but I’d still be happy to connect if you’re still looking for help. You can learn more about us at www.dklawmd.com
- 2moDiana KhanPro MemberAttorney · 10451 Mill Run Cir #755 Owings Mills, MD 21117 · Member since 2024 · 483 posts · 177 votes
Quote from @Account Closed:
Quote from @Jessica Long:
Hi all. I searched the legal category forums, for Maryland specifically, but did not see any past threads. Please redirect if there is some place better for me to ask this.
Can anyone help us get started in finding legal advise/aid for a large claim rental court case we plan to file in Maryland (Prince Georges, MD). We are filing a large claims case and in need of representation (limited scope, as we can handle a lot of the leg work ourselves). We have not hired a lawyer who specializes in rentals/real estate before. Any ideas of where to get started? Any recommendations? Thanks, in advance.
Hi @Jessica Long, it sounds like you’ve already put a lot of work into documenting everything, especially while managing the property from out of state. I’m Diana Khan, a Maryland real estate attorney, and my firm handles landlord tenant and real estate matters. I know this post is a little older, but I’d still be happy to connect if you’re still looking for help. You can learn more about us at www.dklawmd.com
Hi @Jessica Long, just a quick note. We created another BiggerPockets account because we did not realize this original account was still active. That newer account has now been closed, and I’ll be using this account moving forward. I’m still happy to connect with you here.
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