Real Estate Law
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Good morning. First, if there is a security deposit, the amount owed can be taken from the security deposit. Second, if there is no security deposit, the landlord can file suit against the tenant in small claims court. This can be done without a lawyer. Filing the suit will Since he won't pay you voluntarily, you want to file suit against her to give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, the landlord becomes a judgment creditor, and if the tenant doesn’t then pay the judgment, the landlord can have the sheriff serve a summons on him for a debtor examination. That forces him to meet the landlord in court again and answer questions under oath about his assets. After that information is obtained, the landlord has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment.
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