One of the smartest questions a potential client can ask is whether or not they need an attorney to file an eviction. Clients have a right to know if there is an option for them that does not involve hiring an attorney. For some landlords, an attorney is legally necessary and for others, an attorney who is knowledgeable in landlord tenant law can save time, money and unnecessary anxiety. First, an example of the pitfalls of representing yourself.
A potential client called an attorney after he had obtained a judgment in District Court against a tenant and was scheduled to go before the Court to prove damages the next day. The attorney got the call at 8:00 p.m. the night before the hearing and first asked a few basic details about the case. The first thing the attorney learned was that the damages were close to $45,000 and the unlawful detainer was filed in a court that could only award him $10,000. The attorney advised the potential client that he needed to retain an attorney who would ask for a transfer to the correct court so that he could get a judgment for the full amount owed. The potential client declined to do so.
A few weeks later, the attorney gets a call from the same potential client. The client had decided not to pursue the transfer to the other court and as a result only had a $10,000 judgment. The client was seeking to collect the judgment with a garnishment. The potential client was calling because he had received a letter from the court that said his garnishment was being dismissed because he had not answered the defendant’s claim of exemption in a timely fashion. He was ultimately unable to collect any of the money that was owed.
Some landlords must retain an attorney.
If you rental property company is incorporated or a limited liability company you must hire an attorney to file your eviction in Alabama. In Alabama, individuals always have the right to represent themselves in Court but only licensed attorneys may make appearances in court on behalf of others. Corporations and limited liability companies are considered legal “people” distinct from their officers, shareholders and/or members. That is because the purpose of these entities is to shield those people from personal liability for the debts or responsibilities of the business. As a result, Officers, shareholders and members of the business may not represent the business in Court and risk having their case dismissed or criminal prosecution for unauthorized practice of law if they attempt to file an eviction on a company’s behalf.
Sole proprietorship landlords may represent themselves.
If you own your properties in your own name, you are not legally required to retain an attorney to file an eviction. When deciding whether to retain an attorney, you should consider whether you have the expertise and resources to get the result you desire in Court. A knowledgeable attorney will know the eviction law and the rules of civil procedure that apply to all Court cases. If you choose to represent yourself you are presumed to know the rules and the law. The Court may not make any allowances or waive the rules for parties that choose to represent themselves. Failure to read or understand the laws could cause your case to be dismissed or result in a less than optimal outcome.
In an unlawful detainer, time is money. The longer a tenant stays in the property without paying, the more money the landlord loses. A knowledgeable attorney can reduce the amount of time your case lingers in the court. First, an attorney will have access to a process server who knows the service rules and can get your tenant served quickly. If you file the unlawful detainer yourself, you will need to wait for the sheriff or the constable to serve the documents for you. Depending on the county the service can take weeks. Second, evictions are a multi-step process with deadlines that must be met. Most reputable attorneys will have access to the Court’s online file system, Alacourt. The system allows attorneys to see whether a tenant has responded and take immediate action when necessary. In most cases, attorneys can also electronically file the pleadings in your case which also saves time.
Finally, one advantages of hiring an attorney is that if you win, the tenant can be ordered to reimburse the landlord’s attorney fee. So in many cases, hiring an attorney can give you peace of mind, speed the process and be an economical solution for the landlord.
