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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
Apr 1st, 2008 09:20 PM Join Date: Mar 2008
Posts: 8
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Can an apartment complex hid behind an LLC, not to pay a judgment issued in small claims court? I sued my old landlord usingthe name of the company listed on comptroller dba the name of the apartment building. When the constable made demand he received a fax stating they were not liable and did not have to pay because they are a LLC. They are also telling the constable that there is nothing to sieze and he can't touch the rents either.Is this true? Does anyone know what I can do to get this apartment building, who destroyed all of my belongings, to stand up for their actions? Are there any specail permits or something like that that an apartment building has o have to run it's business? I am in Texas, and I'm stuck as to what to do now. Any help would be greatly appreciated!
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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Who did you sue in small claims court? What was the defendant listed as? If you sued the name of the complex instead of the owner on record, you may have to go back to court. Did you check the tax records to see whose name was on the deed? If you sued the LLC and they are the owners on record, the judgement can be valid. However, as anyone from the court can tell you, getting a judgment and collecting are 2 separate things. You will have to have a financial disclosure hearing for the LLC to prove they have the funds to pay the judgment. Check the courthouse to see who is listed on the deed for the complex. If you sued the right person/company, you can ask the court how to have the financial hearing.
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