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| Civil Litigation All matters concerning litigation, motions, subpoenas, testimony, appeals, general practice, etc. |
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#1 |
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Posts: n/a
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I presented a restaurant leasee (L) [defendant] with an Aassignment of Rent document pursuant to a foreclosure action against the owner of the property. L had been paying his rent to his attorney (A) because of a previous garnishment. My foreclosure took presidence over the garnishment. I also sent the Assignment of Rent to A.
Three months after A received the Assignment of Rent notice, A paid rent money he had been accumulating to the garnishor, including rent money covering the period after the Assignment of Rent. L is arguing he does not owe the Rent money to me becaue he gave it to A. A is arguing he does not have the money because he gave it to the garnishor. Questions: 1- Do I have the legal justification to sue both A and L, or just L, for wrongful acts? And/or 2- Is A liable to L, and then L liable to me? |
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#2 |
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Top Level Member
Last Online:
04-06-2008 12:33 PM Join Date: Mar 2007
Posts: 233
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i would advise you have legal counsel review the documents briefly and advise you as to your rank in the security interest and collection process.
It is often not the priority that you think you may have. But you do have some chance to sue and collect from either of them if all is as you think it was. |
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