Sued landlord and won need some advice. (agreement, tenant, negotiation)

[crimsonsloth]

So I sued my landlord for 4 months of rent plus my security deposit back. Now we are in the middle of try to make an agreement but things have been shady.

I filed a notice to discover assets and 2 days after that i got an email from his lawyer saying she assumed that i wasn't happy with what he was going to pay. I was confused and she explained that she sent an email which I never got and was not in her sent box saying that he was willing to do 200 dollars a month. Well I decided 540 would be better and on my terms which it was supposed to start dec 31st. Last email I got back was dec 25th saying that he would be willing to pay that starting the 15th... the agreement his lawyer originally wrote up was jan 31st which i was not happy with thus I negotiated there be a change. I've emailed her twice since then for an updated agreement and nothing back.

They messed around me through this whole lawsuit and im sick of it so im just going to follow through on the citation to discover assets. I'm wondering if anyone knows how the proceedings for this go about? I want to go about getting a garnishment on his bank accounts since I do not believe he works and just manages property.

Also in Illinois there is a law regarding security deposits. The law says if you do not get your security deposit back within 45 days it's doubled. Even though my deposit is included in the lawsuit I was wondering since he is also in violation of this law if during the citation I would be able to enact this law? It has been 7 months since i've lived in the apt and over 45 days since his 30 day window to appeal. Right now I'm pretty much trying to screw him over as much as possible because he really took a giant poo on me basically and is not being gracious about being wrong even though I have been very calm and patient throughout the process.

Well any help would be great.

[chet everett]

Personally I prefer the kind of lawyer that helps keep my blood pressure low, but basically every attorney knows a few competitors that make people's blood boil. If that is the way you wanna roll I hope it brings you all the satisfaction you seek...

[KonaKat]

Yes, you need a lawyer because you have some complicating issues here that you don't understand, and you need to understand them for your own good. But the first thing you need to do is stop with the e-mails with this other attorney! If they want to correspond to you tell them to send you a letter in the mail, certified, so that each side knows the other side is on the same page. You do the same. NOTHING verbal whatsoever. While e-mails can be sent, followed up with a proper letter, I would never depend on them as evidence should I end up in front of a judge.

Get an attorney is what I recommend. Good luck.

[texdav]

Bascially you have the probelm now of collecting. Then of course there is alwasys the appeal of the verdict.

[crimsonsloth]

Originally Posted by KonaKat

Yes, you need a lawyer because you have some complicating issues here that you don't understand, and you need to understand them for your own good.

Sorry, but i'm not sure which i'm more insulted by, the fact that you did not read the entire post or that you say that lawyers are somehow magically smarter than any college grad. Please respond to questions you know how to respond to, bad advice is worse than no advice. If I was able to file a citation to discover assets then you can assume that the judgement is final... I believe I already went to say that it was past their appeal time. I've already played Lawyer and won my case.

Now I have been corresponding with his lawyer through emails to try to settle the matter... it is a small town which has a big college in it and I put trust in his lawyer to follow the general small town mannerism which she has but I can't tell if she is playing me and why she would.

Basically I was giving my opponent a redeeming chance, because I dont want to drive an hour to go to court again. Because they are failing terribly to meet my negotiation for agreement then I am going to try and get as much possible out of this for the inconvenience.

Since I am not a lawyer I was asking advice if anyone else has had to do a notice to discover assets and how the proceedings go. I know that they have to provide all their financial information and I think that in the end the court can set a payment plan or garnishment(wage or non-wage). What I really know is if I can modify the judgement to now include the filing fee for the citation to discover assets... which was like 8 bucks and since the my security deposit now falls under the Illinois security deposit return law if I would also be entitled to an increase of the judgement equal to the amount of double the deposit as specified by the law?

I ask this as I don't think I could have got this in the initial lawsuit as I considered all money owed to me was in limbo until such matter was decided by the court. Once it was determined that he owed me the money then I believe the law should be applied from the date of the last appeal. But I do not know how this matter works and I'm not going to spend money on a lawyer to get 400 more dollars when it would probably be costing me more. So my question is can the original judgement be modified to incur other costs such as the ones mentioned?

please only intelligent responses by people that have had experience. I am sorry if I come of as an @#$ but if you don't read before you write you deserve to get some sort of tongue lashing otherwise you'll keep doing it and wasting peoples time.

[old_cold]

Telling you right off I'm not an attorney but do believe, from other experiences, that you were granted a judgment for $ XX and you cannot change that without a 'new' order.
If you could determine amounts owed yourself you wouldn't have had to go to court in the first place.

[STT Resident]

I'm no lawyer either but I concur. If you won a court judgement for a specific sum you now have to collect it but you can't change the amount. I do hope this response meets your criteria for intelligence.

[crimsonsloth]

thank you for the good responses to my questions... that's what I figured even though it sucks because he should under law owe me more but since it's already a finished suite it just sort of screws stuff up...

[manderly6]

Get an attorney.

[SVTLightning]

Actually if the deposit was not mentioned in the lawsuit then i would file for the deposit x2 in small claims court and treat it entirely seperate than the original suit. bring your facts/documents/landlord tenant act and get your money back!