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I own a high rise condominium rental property in Nashville,

Customer Question
TN. My tenant just...
I own a high rise condominium rental property in Nashville, TN. My tenant just moved out unexpectedly ( 2 months early) without paying January and February’s overdue rent, late fees plus the remainder of his lease agreement. He signed a one year lease that ends April 30, 2012. He also should be assessed repairs/cleaning of the unit (approximately $1000). I do not know where he moved to; perhaps out of state. What collection options do I have, if any? And how do I proceed to collect since I do not know where he is? I only have his phone number and email address. I currently live in Allentown, PA.
Submitted: 6 years ago.Category: Landlord-Tenant
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2/25/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,203
Experience: Lawyer; developer/owner of RE developments.
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Good afternoon. You will have to file this claim wherever the tenant is located. He will be pretty easily found by a computer science majoring in college student...for about 15 minutes of their time, they will find him. Then, once you file your claim and get awarded a judgment in your favor, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the debt.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Customer reply replied 6 years ago
Can I file the claim myself, or do I need an attorney (an attorney where I live or the tenant?)? If I can file a claim myself where can I find the appropriate forms, etc.? If I win in court, I assume that I need an attorney to garnish wages, attach bank accounts, etc? How much might this cost? It may not be worth it???
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

You can file this yourself without a lawyer. It's a simple complaint form that you file....most courts allow you to do this on-line; if not, the clerk for the particular court will provide you the form. You will not need an attorney to garnish wages or levy bank accounts. Once you get the judgment awarded in your favor....

 

1. You would return to court with a motion to execute judgment and at that point you would ask to examine the defendants to ascertain their employer and the location of any property or bank accounts.

2. Once you obtain that information in the court, you ask the court to issue an order of garnishment/seizure in order to satisfy the judgment.

3. The court will issue the order and the clerk will have the forms to serve on the banks or the employer.

 

 

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