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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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Can I file a garnishment on a renter who is damaging my

Customer Question

Can I file a garnishment on a renter who is damaging my property?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 6 months ago.

I believe I can assist you. Typically, in order to garnish wages you have to be a creditor with a judgment entered against the tenant (debtor).

In Florida there are a few exceptions where you don't need a judgment (taxes, child support), but for property damage or unpaid rent you need a judgment.

So first you would need to file suit against the tenant or former tenant for breach of lease and then get a judgment for the damages. Once you prevail and get a judgment for the damage entered, then you will have several options to recover your damages if tenant fails to pay- including wage garnishment.

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