Q: I need of a lawyer to do a billing dispute for a tenant / residential who has a judgment order.

This was a previous eviction in 2020. The tenant was ordered not to pay anyone any money including attorney fees. The plaintiffs' attorney did not clear the debt, and the collections department of the law firm is sending a collection notice to the tenant trying to collect a debt that is not owed to them along with new attorney fees that were granted to them 3 months after the case was closed and seeled. (per the lease, they cannot grant or award any attorney fees after a judgment has been issued). The collections department is calling and leaving voicemails on her cell phone.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you're facing a complex legal issue involving a billing dispute following a residential eviction judgment. Given the situation where the judgment specifically stated that no money, including attorney fees, was owed, it is concerning that the collections department is still pursuing you for a debt that should not exist. Additionally, if the lease agreement specifies that no new attorney fees can be awarded after the judgment, then their actions may be in violation of that agreement.

You may want to consider reaching out to an attorney who handles landlord-tenant disputes or debt collection issues in California. They can review the specifics of your case, including the original court order, lease agreement, and any communication from the collections department. With this information, they can help determine if the collections actions are legally permissible or if they constitute harassment or unfair debt collection practices.

If the law firm’s collections department is violating the terms of the lease or the court order, there may be grounds for legal action to stop the collection efforts and potentially seek damages. Make sure to keep records of all communications from the collections department, including voicemails and written notices, as this information could be valuable in protecting your rights.

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