When someone owes you money, it can become very difficult to collect the amount you are owed. Often obtaining a judgment against someone and collecting the amount you are owed are two entirely different things. While you can sue someone for a debt you are owed, there a several steps you must follow in order to enforce and collect the judgment you received. More importantly, failing to follow certain steps may result in a violation of the Unfair Trade Practice and Consumer Protection Law (UTPCPL).
While we represent debtors both in bankruptcy and outside of bankruptcy, we also represent creditors. If someone that owes you money files bankruptcy, the first thing you should do is stop any action you have taken against that individual, including a lawsuit, writ of execution, or sending demand letters. Depending on the debt you are owed and if it is secured, you may have an opportunity to collect the secured assets. You will also have an opportunity to file a claim in the individual’s bankruptcy case. Having represented both debtors and creditors, we understand the advantages of each side and can help you through this process.
Landlord Evictions – Mobile Home Act
If you are a landlord, you will likely at some point have to evict a tenant. Even if the tenant is not in bankruptcy, there are specific steps you must follow before the eviction, including sending a Notice to Quit, unless it is waived in your lease. If the tenant lives in a mobile home, you will have other requirements under the Mobile Home Act. Whether it is walking you through the steps of evicting a tenant, collecting rent, or drafting a lease, we are here to help you through the entire process.
Landlords and Bankruptcy
When a tenant files bankruptcy most landlords panic and think they will never get paid. That may not be true depending on the situation. If the tenant is current on his or her monthly payments, the tenant may wish to maintain your lease and pay the monthly rent while the tenants moves through the bankruptcy process. However, the tenant can also reject the lease or stop making payments. If this occurs, you will need to bring an action against them in the Bankruptcy Court to terminate the “automatic stay.” An automatic stay stops almost all creditors from taking an action to enforce a debt or eviction, including landlords. If you already received a judgment for eviction prior to the bankruptcy, the process may be much quicker for you. However, we recommend you contact our office to review your situation to be sure.