Lawsuit Against Property Management

Summary

Accepting a refund doesnt necessarily jeopardize your lawsuit, but consulting a local attorney is crucial. Ensure youre suing the correct entity to avoid dismissal. You can refile against the correct party if the statute of limitations hasnt expired. Cashing checks may imply settlement, so seek legal advice. If local attorneys are unavailable, consider the Montana Legal Services Association, Montana State Bar Association, online legal services, or law school clinics. The American Bar Associations Free Legal Answers service is another option for low-income individuals.

Full Conversation

I am sueing the property management company of the rental unit I was living in as I paid for a mold test, and had to move out. Their attorney is filling a motion to dismiss; another property company sent my deposit and some over paid rent back. This is in Montana. If I cash the checks do I jeprodize the law suit if I sued the wrong property company?
Hello ****, accepting a refund doesn't necessarily jeopardize your lawsuit. However, you should consult a local attorney to ensure that the specifics of your case don't change this general rule. It's crucial to ensure you're suing the correct company, as suing the wrong entity can lead to dismissal.
Can I refill against the owner or other property management company
Yes, you can refile a lawsuit against the correct entity, such as the owner or different property management company. However:
- You must ensure the statute of limitations hasn't expired.
- The complaint should be accurately directed to the responsible party.
- It's recommended to consult a local attorney for precise advice.
Location: Montana
If the deposit and over paid rent are listed in the lawsuit, would cashing them be considered a settlement
Cashing the checks may or may not affect your lawsuit, depending on specific circumstances. Generally, accepting settlement money may imply a resolution. It's advisable to consult a local attorney before proceeding. Location: Montana.
I can't find a Montana attorney willing to talk to me. What other suggestions can you make?
You could try the following options:
- Reach out to the Montana Legal Services Association. They offer free legal help to low-income individuals.
- Visit the Montana State Bar Association website for resources.
- Consider online legal services or legal aid societies.
- Law schools often have clinics where law students provide free legal services under supervision.
Tried your first three and the law school here is Montana Legal aide and no help to be found.
I'm sorry to hear about your difficulties, ****. You could consider contacting the American Bar Association's (ABA) Free Legal Answers service. They provide online legal advice for low-income individuals. It's also worth reaching out to other law schools in Montana for possible legal clinics.
Thank you, the American Bar Association will be my best option at this time.
You're welcome, ****. I hope the American Bar Association can provide the assistance you need. Don't hesitate to reach out if you have more questions in the future. Good luck with your case.