I filed a limited case against my tenant because at the time he owed less than $25k, but now he owes way more because he still didn't pay and the trial was delayed because of bk filing (which was successfully disputed and denied through an adversary proceeding).
Can I claim the additional rent he hasn't paid since the filing date? Is there a law or case that supports this? I was told by the UD lawyer at the time that we could claim anything that arose after the complaint was filed but I cannot find anything on the subject supporting that.
Yes you can. Typically the Complaint will be broadly worded to allow for later discovered damages. If it dos not then the Complaint should be amended to allow you the opportunity to present this information at trial. Speak with your attorney about this.
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