The landlord, represented by Adam Leitman Bailey, P.C., started an eviction case against a delinquent tenant. The landlord prevailed; the tenant was evicted and the landlord received a money judgment in the amount of rent owed. It was determined that the tenant was unemployed and had no discoverable assets. After doing due diligence, the attorneys at Adam Leitman Bailey, P.C. learned that the tenant planned on selling a suit worn by John Lennon and they took action to recover money from the sale in order to pay the tenant’s debt to the landlord.
In non-payment cases, Adam Leitman Bailey, P.C. views the award of a money judgment in favor of the landlord as the first step toward receiving full payment for the landlord, not the end of the road. Usually tenants default on their rental payments because they have fallen under financial hardship. When a tenant does not own real property or any other traceable asset and when, as has become more common in the recent past, there are no wages to garnish, it can be nearly impossible to collect from defaulting tenants.
In the instant case, the tenant had no stable employment and his only traceable asset was a home for which the mortgage payment was higher than the value of the property. An Adam Leitman Bailey, P.C. attorney read in a newspaper that the tenant planned on selling the suit worn by John Lennon on the Abbey Road album cover. The firm quickly filed a restraining notice against the auction house buying the suit. The auction house violated the restraining notice and consequently the firm filed an action against the auction house to recover the proceeds of the sale of the suit for the landlord-creditor. Adam Leitman Bailey, P.C., on behalf of the landlord, prevailed in this action and as a result the auction house paid the landlord the full amount of arrears owed by the tenant.