Legal Question in Real Estate Law in New Jersey

How to collect from an llc lease for property damage&nonpayment of rent

I have a 10 year lease with a LLC that I had to evict after 3 years for nonpayment of rent. I have a judgement awarding me the funds which I still have not received. I currently have a criminal lawsuit against the LLC for property damage. I have to show probable cause. How can I win my criminal lawsuit against the LLC and also get the funds awarded in the judgement.


Asked on 1/17/01, 11:18 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: It's a matter of proofs

In both the criminal and civil contexts, you need to prove your case. In the criminal matter, you will present your proofs to the prosecutor (who is the lawyer representing the State, the person responsible for bringing criminal matters before the Judge) and he/she will put it into a format to attempt to prove, beyond a reasonable doubt, that those members of the LLC did what you are saying they did. If the proofs are satisfactory, a conviction will follow and you can ask the Judge to award restitution, that is, an amount of money that would compensate you for the damage. The Judge, however, does not have the power in that court to award you back rent. Since you have a judgement already, you will need to discover where their assets are and attempt to forceably recover on your judgment. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 2/14/01, 7:09 am


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