Suing Company Will Not Be Easy
Ask the Real Estate Lawyer: Real Estate Law Q&A
REM # LAW 692
By Ilyce R. Glink and Samuel J. Tamkin
Summary: A reader worked with a debt management
company in another state that did not provide the services they promised. Now
the reader is trying to get a refund for those services. Ilyce and Sam explain
that the reader has done all the right things by filing complaints with various
agencies, but that the difficult task of suing the company may be their only
Q: I am in the eleventh year of a 30-year mortgage in which I have always made
(article continues below useful links)
The Nevada company is a debt management company and they failed to keep up
their end of the contract. So, I canceled my account with them and requested
At first they we helpful but now they are ignoring all my calls and emails
and won’t issue my refund. I have filed numerous complaints with the attorney
generals in New York, Arizona, Nevada, the Better Business Bureau and state
banking commissions. No one is helping me.
I have heard that the owners are closing up shop and moving to another state.
Skipping out pretty much says it. Anyway, can I put a lien on their home in
A: I’m sorry for the trouble you have gone through. While some companies
have legitimate reasons for going out of business, others, unfortunately, have
learned to play the system and make money from unsuspecting consumers only to
go out of business before performing the services they have agreed to provide.
It’s particularly tough for folks who have fallen on hard times and need
help getting out of a financially difficult situation.
It seems you have taken quite a few steps in order to get your money back:
You have made repeated calls, written letters, and filed complaints with the
state authorities and non-governmental agencies.
Your one last resort is to sue the company. If you can prove fraud against
the company and its owners, you might even be able to get money from the owners
of the company.
Unfortunately, in many cases, legal action can be expensive and time consuming.
And, in some instances, you might pay more in legal fees and costs that what
In order to file a lien against a company owner’s home, you might have
to file suit against the company and its owners, obtain a judgment against them
and then file a lien against the home and other of the owner’s assets.
Depending on how much money is involved, you might want to consider talking
to a law firm with multiple offices that can handle litigation in various states.
You might find that filing a suit in New York will do you little good and that
you have to file in Nevada to get any results at all.
For details, talk to an attorney with expertise in litigation.
Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce
R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your
Home Faster and For More Money In Any Market. If you have questions for
them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022
or contact them through Ilyce’s website www.thinkglink.com