WHY YOU NEED OUR FIRM
The most common answer we give is “because your time is more valuable than ours”.
When you file an eviction it requires your time to prepare a complaint and the aggravation of two separate trips to the courthouse-one trip when you file the complaint and a second trip for the hearing. Plus, you will waste valuable time waiting in line for a filing clerk or sitting in a court room waiting for your case to be called. The process for you is inefficient. It is time consuming and you will pay additional costs for gas and parking fees. It is much easier for us because we use standardized documents and are at the courthouse frequently.
If a corporation owns the property, you will likely need a lawyer to represent you since most courts do not allow a non-lawyer to act as a lawyer. In the case of Bobbett vs Russellville Mobile Park, LLC, in an unpublished opinion, the Kentucky Court of Appeals said that an Eviction Action had to be dismissed because the owner of Russellville Mobile Park was not an attorney.
The Kentucky Court of Appeals said it does not matter that Russellville Mobile Park was a closely held entity. It was the filing of the action by a non-attorney that was inappropriate. In fact, the Court went on to say that in Kentucky it is a Criminal Misdemeanor for a non-attorney to engage in the practice of law and the Court dismissed the eviction.
On the other hand, if you are the owner of the property (non-entity) you could in theory represent yourself. But if you are not familiar with the legal process it is worth the cost of an attorney to avoid the errors often made by novices that could cause your action to be dismissed. In that event you would lose several weeks and perhaps several hundreds of dollars in filing fees. Instead of preparing documents, making trips to the courthouse, waiting and worrying about possible mistakes, you can be managing your property.
Even if you are comfortable in court, hiring a lawyer makes economic sense given the fact that a lawyer can save you many trips to the court house and knows how to handle surprises that may occur. For example, are you prepared for cross examination if the tenant hires a lawyer?
We can save you time and help you avoid costly legal mistakes. As a courtesy to lawyers, most judges allow lawyers to present their cases before the general docket is called. So, even if you want or are required to be present for the final hearing, you won’t waste time waiting for your case to be called.
HOW WE WORK
We work by email and fax so we can print a “hard” copy of all correspondence for court.
You send tenant information, property address, tenant payment history and copies of notices given to the tenant. We prepare the eviction, file it and obtain the earliest possible court date. We appear at the hearing, obtain the eviction and a judgment for the past due rent so you (or us) can pursue collection of the debt.
We will need a simple engagement letter signed by you. When the eviction is obtained we bill you for the flat fee plus court costs. You can pay your balance electronically through Pay Pal or by check.
Often, we can obtain your evictions without meeting you in person. As a general rule, your presence in court will not be needed. When you are needed in court to provide testimony on “contested” evictions or because the judge requires it, your time will be kept to a minimum since, as noted above, most judges allow attorneys to present their cases first.
If your tenant refuses to move after we obtain the eviction we will continue our representation and obtain a “writ of possession” so that the Sheriff will assist in removing the tenant and the tenant’s property from your premises. In this unlikely event, there will be additional court costs and fees for the writ and Sheriff’s fee.