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Having a issue with my tenant. Ive had the same issue in the…

Having a issue with my...
Having a issue with my tenant. I've had the same issue in the past. I'm fully aware how to evict my tenant, however what I'm unsure of is the remaining rent due collection process. My last tenant left owing me over $3K. I have a judgement under the tenants name, however I'm still out $3K +. I'm sure I will have the same outcome with my current tenant.

How do I collect on a judgement? What does that really mean a "judgement". Speaking to other landlords, a judgement really doesn't mean much. "Maybe" it will ruin their credit at most? My issue is, I don't think its fair. That said, I'm looking to hire a lawyer to collect outstanding rent. I have all my court docket numbers, judgement paperwork, etc. I just don't want to waste my time if it's truly not collectible. I was under the impression a judgement holds possessions if you are ordered by the court to pay. Please explain in details? This is all very confusing, I don't want to hire a lawyer to end up in the same place.
Thank you.
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Answered in 6 minutes by:
3/6/2012
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,883
Experience: Lawyer; developer/owner of RE developments.
Verified

Good afternoon. Whether a judgement is worth getting or not depends entirely upon whether the tenant has anything to get. If they do...either in terms of assets or wages....you should go after them. First, you file your claim in small claims court. Once you are awarded your judgment, you then 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. 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. 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. 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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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
is the process difficult? Do you recommend getting an attorney? All I have are the ex-tenants social, is that enough to proceed case? Thank You. Great info.
It is not difficult and you can pretty easily do all this yourself. Yes, that will be enough to find them...you will need an address at which to serve them process, but any computer science college student can do this for you on the internet with their SSN. Take care!
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,883
Experience: Lawyer; developer/owner of RE developments.
Verified
insearchoftheanswer and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 6 years ago
Hi, I continued with the judgement, however I was unable to freeze any bank accounts. According to the court officer, 25 banks were contacted with no avail. I'm under the impression the ex-tenant does not have a bank account since he is aware a judgement is open.
Long story short, I was told I can also freeze other assets. For example, a car! Of course, this would require additional paperwork. What other paperwork do I need to fill out? Any other suggestions?
To attach other types of personal property you must tell the sheriff what
property you want taken and where it is located. You can execute on any personal
property in which the defendant has an interest but it is much easier if the
defendant is the only owner of the property and the property is not subject to
any debts or liens. If you want to attach the defendant's personal property you must ask the court clerk in the county where your case was heard for a certified copy of the judgment or
a certificate of judgment. You can ask the court clerk for a form called
"Application and Affidavit for Writ of Execution." The form must be typewritten
or printed in black ink and it must include the same caption (name
of the court, names of the plaintiffs and defendants, and case number) as your
judgment.
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Customer reply replied 6 years ago
Sounds a little complex. The court staff is not very helpful, so thank you for your assistance. I'm assuming I would need to know the license plate info? What exactly do I need to fill out the paperwork? Is there any info I will need that will be helpful? Thanks Again. Liz
Yes, you will need the license plate and the location. The judgment itself and the property information will give you all the info you need, but if you are filling out the form and have any questions, let me know and I will be happy to help you get through it. :) You're welcome...it's my pleasure to help!
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