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Lawyer's fees

Miami Beach, FL |

I was evicted for something I had already paid. I have a judge order that granted my request to have the motion dismissed. In the order, it also says I have a right to attorney fees. The landlord isn't paying. I don't want to pay my next month's rent until he pays or credits me. He threatens to evict me again. What can I do to get paid?

Attorney Answers 4

  1. Best answer

    You probably need to submit a letter to the Court informing them what the legal fees are and have the attorney fee award reduced to a judgment. You should simultaneously serve this on the landlord and send him a separate letter asking if he'll give you a credit for the amount of fees claimed if you will withdraw your claim for attorney's fees. If you agrees have him reduce that Agreement to a signed writing.

  2. Seek legal counsel. If you had an attorney did he get the award reduced to a specific amount? Was this entered in the form of a final judgment? Yor obligations under the lease are likely not dependent on this attorney fee order. If you dont pay you will be "evicted" again and if you have not paid you may lose.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices., 305 377 1505

  3. It isnt clear that you have actually obtained a court order/judgment that specifically sets forth how much is owed by the LL to you. You need to get that, and follow Fl procedure. Once you have the judgment, if the LL doesnt pay, you can seek to enforce it. The methods for collecting judgments vary from state to state. You may be able record a lien on the LL's property. You may be able to levy on the LL's bank acct (which you should know the bank and branch if you pay rent by check). You need to pay the rent or risk eviction. You dont automatically get a setoff. Consult with a collection atty in your area.

  4. You probably should pay your rent so the landlord does not try to evict you again. Then, your attorney should request the court to issue a judgment for the amount of the fees. You can take that judgment to a collection agency who will try and collect. But, I would be careful about assuming the attorney's fees will be viewed by the Court as related to your current rent payments.

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