When suing an owner for a management contract buyout

1. Request check for  court fees from corporate
   • Breakdown of costs per claim:
   1. $0.00- $1,500.00- $30.00 court filing fee.
   2. $1,501.00- $5,000.00- $50.00 court filing fee.
   3. $5,001.00- $10,000.00- $75.00 court filing fee.
2. Fill out form SC100- Plaintiff’s Claim and ORDER to go to Small Claims Court  and print 3 sets (1 for court, 1 for you, and 1 for the defendant).
3. Go to court and file paperwork with the clerk. You will be provided with a court date.
4. Send paperwork to process server, to serve defendant.
5. Prep file for court date
6. Print a copy of the M1 notepad
7. Print a copy of the original owner cost breakdown
8. Print a copy of the original urgent gram mailed to the owner
9. Review the prior dispute letter from the owner (if applicable) along with our response and confirm if any adjustments were needed and sent.
10. Print a copy of the management agreement
11. Print a copy of any management agreement modifications
12. Print a copy of all emails documenting communication with owner to substantiate our claims.
13. If property was up for rent and contract is less than 90 days old, print copy of ads, leads, and applications to prove that we have performed our duties as specified in the contract.
14. If charging for any work done at the property that is owed to a contractor, print work order and invoice.
15. Print a copy of any other pertinent information that may apply.
16. Tickler to review with upper management prior to the court date.

Package all documents for final review no later than 10 days prior to the scheduled hearing. Submit package to supervisor for approval.

First, sign in with the clerk. Then sign the authorization to represent a business form (Form SC109) and turn it in to the clerk.

You will be asked to go to mediation to exchange all documents and attempt to settle the case. During mediation, you will be asked to present your case (why the owner owes the buyout).  Use the documents 6 through 15 to support your claims and provide proof.  If the owner does not wish to settle, you will be heard by the judge to present all evidence and the judge will make the final decision.

Tip: Organize the paperwork above (6-15) in the order in which you are presenting your case, that way you are ready and professional when presenting to the judge. Any documents being used to support your case need to be labeled with a "P" for "Plaintiff" on the top right corner.

When you are called to present your case to the judge:

1. Keep it short and sweet. Be precise and concise, make sure to provide proof with any of the declarations you make. Use the organized plaintiff labeled documents (6-15) to support your claims on how we have performed our duties as expressed in the management agreement and why we are entitled to such monies.
2. Do not speculate and do not mention conversations unless they are in writing and you have copy of the emails with you. Try to stick to just referring to the company’s policies to present the company as equitable and professional.
3. You may call a witness if you are lacking documents or information. The property inspector may be a witness if there is something pertinent to the case for which you have no documentation.  If you need to subpoena a witness, use form SC 107.

The judge may ask to keep some of the documents presented to him in court (labeled P (for Plaintiff)), make sure you take only copies of documents (6-15).

Most of the time, the judge will take the case under submission and mail out his decision within 48 hrs.

1. Update the court outcome into the property notes in M1 Software
2. If a decision is being sent by mail, tickler for 1 week.
3. Tickler for the projected follow up date based on the outcome (if applicable).

The information discussed in this manual and any Chapter, Article, Section, or reference thereof, which is included within it, is not intended to be given as legal advice. The publication of this material is only given in reference to discuss topics of concern and to bring them to the attention of the reader. Should the reader of the said materials have any questions regarding any of the content within this manual or its parts, as it relates to your business activities or interests, is highly recommended to seek legal advice from a licensed practitioner and to address them solely with their own appointed legal council.

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