wage garnishment (by helena [NC]) Apr 30, 2008 6:34 AM
wage garnishment (by John... [MI]) Apr 30, 2008 9:40 AM
wage garnishment (by helena [NC]) Apr 30, 2008 12:48 PM
wage garnishment (by John... [MI]) Apr 30, 2008 1:28 PM
wage garnishment (by helena [NC]) Apr 30, 2008 1:38 PM
wage garnishment (by Michelle [MS]) Apr 30, 2008 2:00 PM
wage garnishment (by ManateeAlley [FL]) Apr 30, 2008 5:48 PM
wage garnishment (by John... [MI]) May 1, 2008 9:14 AM
wage garnishment (by Dean [NC]) May 2, 2008 7:46 PM
wage garnishment (by helena [NC]) Posted on: Apr 30, 2008 6:34 AM Message:
State Specific Question About: NORTH CAROLINA (NC)
i was reading that wage garnishment can be done if you have a judgement against them...now if you have a judgement for possession--and they are evicted, what price can be put on it?
or do we just send owed rent/damages to collections after applied security deposit and just never ever see that money...
i dunno it may be a dumb question but i am new to the rental industry and am trying to bombard myself with as much info so i know what i am talking about...and i want to try and collect alot of default accounts..and as mentioned above, collections doesnt really scare our past tenants...
any help would be obliged...
have a great wednesday...
helena --65.83.xxx.xxx |
wage garnishment (by John... [MI]) Posted on: Apr 30, 2008 9:40 AM Message:
I get the impression that you filed for possession only during an eviction -- is that correct? If so, then you have no money judgment currently, right?
You need to file a small claims suit for the back rent up until the move-out/eviction date that you got possession back. And, if it was a lease that they broke and you tried but were unable to rent it, you may also be able to include rent until it was rented to someone else.
Once you win in small claims and get a money judgment -- then you can look at garnishment to collect.
- John...
P.S. I don't know NC law -- this may not apply to you.
--207.241.xxx.xx |
wage garnishment (by helena [NC]) Posted on: Apr 30, 2008 12:48 PM Message:
that sounds about right, i am just bombarding myself with as much information as possible. i was hired as a leasing consultant but i mainly show apts, make leases, and my main thing is move out inspections...i just see sooo many going to collections and its like if we got the apt back thats ok (eventhough trashed)but we just lose all this money??? or from what you wrote and i read somewhere as well that after the fact take them to small claims...that would be hard too cos they never ever give fowarding addresses...oh well...i guess this is a lose situation
--65.83.xxx.xxx |
wage garnishment (by John... [MI]) Posted on: Apr 30, 2008 1:28 PM Message:
In my state, you would get the money judgment along WITH the possession judgment. So, you wouldn't get JUST the eviction. You'd get the eviction and a money judgment (as long as you were able to serve them).
Also, if you're seeing "sooo many going to collections", then maybe you need to do better screening unless these are lower-end apartments and you have absolutely very little choice.
- John...
--207.241.xxx.xx |
wage garnishment (by helena [NC]) Posted on: Apr 30, 2008 1:38 PM Message:
yeah, we have quite a bit of collections...but due to the fact that after they are evicted they split and if we can not serve them we cant go to court...and then that is more money lost for court costs...
we do what screening we can but due to the fact i dont want to say lower end but you are not far off...lol.. --65.83.xxx.xxx |
wage garnishment (by Michelle [MS]) Posted on: Apr 30, 2008 2:00 PM Message:
"In my state, you would get the money judgment along WITH the possession judgment. So, you wouldn't get JUST the eviction. You'd get the eviction and a money judgment (as long as you were able to serve them)."
it's the same in my state. i just did one today. will have to wait 5 days for them to get out on their own, if not i will have to go back up there and file for the constable(extra $50 that we DON'T get back). then he stands there at the home while we take the stuff out. the same day i file for the constable, i have to go pay to make the judgement active(another $5). then it's onto garnishing the wages(more $$$)....
--70.144.xxx.xxx |
wage garnishment (by ManateeAlley [FL]) Posted on: Apr 30, 2008 5:48 PM Message:
A money judgement with your writ of possesion will only be for the amount of unpaid rent and filing fees up to the date of the decision. If the sheriff has to serve the writ there are additional fees as well as the waiting time before the set out date. After you regain possession there may be physical damage to the rental, requiring repairs as well as loss of rental income while repairing and re-renting. A second suit is often neccessary to attempt to recoup losses incurred above and beyond the possession judgement. If you can file and have them served for the second suit before they leave, you can total the amount of damage before the court date. File the suit for the maximum small claims amount. You'll be awarded what you'll be able to prove. --71.196.xx.xxx |
wage garnishment (by John... [MI]) Posted on: May 1, 2008 9:14 AM Message:
Correct. We'd do that here also if it was enough. We'd have one money judgment during the eviction and then have to follow up with a small claims suit to get the last of the fees plus any extra days of rent until they were out. And, if it was a lease, we'd have to do that to try to collect any more until we were able to re-rent. Although, we have not personally done that yet.
- John...
--207.241.xxx.xx |
wage garnishment (by Dean [NC]) Posted on: May 2, 2008 7:46 PM Message:
According to a MR. Landord special report on collection from ex-tenants - -garneshment is available in all states except (unfortunately) TX,NC,SC,& PA
Dean --69.132.x.xx |
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