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What can a Landlord lien of a Tenant's to recover Property Damages in Florida?
To receover property damage in Florida the landlord must file a suit against the tenant. If the landlord wins he can collect using usual means of collecting on a judgment. If the tenant has property then a lien can be placed on it to satisfy a judgment. But if the lien is on a primary home then he cannot be forced to sell the home per homestead laws.
Can landlord issue judgment without legal action?
The landlord has self-remedies, up to a point. But landlords cannot issue a "legal judgement". The landlord can deduct damages and unpaid rent from your security deposit, and the landlord or tenant can seek legal resolution.
What does it mean when the court of appeals inserts a remittitur in a case?
A remittitur entered by an appeals court is a reduction in the amount of damages, without reversing the underlying judgment that plaintiff was entitled to damages. When awarding damages, a jury has to do so based on the evidence. If it is clear that a jury misinterpreted some evidence as to damages and awarded an amount that is clearly against the weight of the evidence, the court will reduce the total damage award by the mistaken amount. It will not reverse the entire judgment and award of damages. An example would be where a plaintiff sues for back pay in a wrongful employment termination suit. The back pay is a specific amount based on salary and length of time the salary was not paid. If the jury made an obvious miscalculation and awarded too much, the court would reduce the amount awarded. The appeals court would not throw out the entire judgment if it found nothing else wrong.
Can an auto insurance company file a lien against your home for auto damages?
Yes--but only if they have a court judgment against you. In that case, they would have what is called a judgment lien.
Can a landlord sue me for damages after losing in small claims court for not returning my deposit. She never filed an appeal or counter suit within the 30 day's after i won the judgment.?
If you sued the Landlord and he lost, he must give you your deposit. However he can separately sue you for damages. Whether he wins that lawsuit or not, he must give you your deposit!
What is a writ of judgment?
A writ of execution is a court order authorizing the seizure of an asset, such as of a noncustodial parent who owes past due child support. The order may be used to repay past due child support owed under the judgment. It is also refered to as a levy. A Writ of Execution is a legal document which states who the money is owed to, the 'judgment creditor', and the amount of the debt. When a writ of execution is attempted, notice will be served upon the judgment debtor, indicating details of the goods seized.
What type of damages are rarely awarded in negligence cases?
Punitive Damages
What does case disposed with disposition of default judgment for money after ud poss - limited civil mean in an unlawful detainer?
In an unlawful detainer case, "case disposed with disposition of default judgment for money after UD poss - limited civil" means that the court has made a final decision in favor of the landlord because the tenant failed to respond or appear in court. The default judgment indicates that the tenant is required to pay a specific amount of money, typically for unpaid rent or damages, as part of the ruling. This judgment is classified under limited civil cases, which generally involve disputes with lower monetary limits. Essentially, the landlord has won the case and is entitled to collect the awarded amount.
What is the maximum amount a landlord can charge for damages?
The maximum amount a landlord can charge for damages is typically the cost of repairing or replacing the damaged property, minus normal wear and tear.
Can we sue our landlord if he is hurt on the property by a bully and the landlord has been informed?
You cannot sue your landlord unless you suffered damages due to his negligence.
Can a landlord file charges for damages if no lease was signed?
Absolutely.
Can a landlord garnish wages in gwinett ga?
Yes, in Gwinnett County, Georgia, a landlord can potentially garnish a tenant's wages if they have obtained a court judgment for unpaid rent or damages. The landlord would first need to obtain a court order allowing them to garnish the wages through the tenant's employer.
