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Updated over 6 years ago on . Most recent reply

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Jo Faraday
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Hiring an attorney for small claims court

Jo Faraday
Posted

When our tenants vacated our rental property the damages totaled $10k. After sending them an itemized list of the damages, receipts, and estimates from local contractors, we received a response via their attorney stating that the damages were normal wear and tear (they did not request their deposit). 

Would it be advisable to hire an attorney for small claims due to the fact that they have one? I’m fairly certain their attorney is their boss, but I don’t want to be at a disadvantage here. 

We do have ample pictures and can provide witness statements for proof of damages. 

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

In most jurisdictions attorneys are not allowed in small claims court cases. Sometimes the other party will move to have it transferred out of small claims court, so they can use an attorney.
File the small claims case and see what happens.

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