Post written for a Lawfirm

Your decision to file

Making the decision to file a lawsuit can be complex and taxing.  You should be able to answer 3 simple questions that must be considered from the very beginning.  If you answer "no" to any of these questions, you should consider walking away and forgetting about your losses.

• 1 – Do you have a valid claim?  Based on the facts and law, you need to know how likely a judge is to agree with you and award a judgment in your favor.
• 2- Do you have proof that your claim is legitimate?  It is vital, that you must collect all appropriate documents, check stubs, pictures, or media recordings to prove your claim.  
• 3– Will you be able to collect from the defendant(s)?  You might have the facts, but if the defendant is in a poor financial state, a lawsuit may be a waste of your resources.

A lawsuit will do you no good, if you don't end up with reimbursement when things are said and done.  A lawsuit is an expensive means to obtain your losses.  But if you are unsure what the outcome might be, I will not be worth your time.  Make sure the judgement you are pursuing, is worth the headache it costs to obtain it.

A legal eviction gives us another incentive to file against a tenant.

Almost all lawsuits are filed to reclaim monetary damages.  With an eviction, you are attempting to ALSO regain possession of the property.  Not just collect the outstanding rents.  A landlord is harmed by a non-paying tenant.  But the landlord of a dead-beat tenant cannot even consider placing a new tenant in the property until they regain possession of the premises.  In this situation, it very often makes sense for a landlord to pursue legal action with the understanding that they might not be able to collect.

Finally, while the landlord’s attorney is in the process of regaining possession of the property, it usually makes sense to also seek a monetary judgment.  If you have hired your attorney, you might as well be accurately reimbursed for your trouble.