Collecting on back rent
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Collecting on back rent (by Joe [MA]) Jan 30, 2017 1:24 PM
       Collecting on back rent (by Steve [MA]) Jan 30, 2017 1:33 PM
       Collecting on back rent (by Britt [NC]) Jan 30, 2017 2:53 PM
       Collecting on back rent (by Still Learning [NH]) Jan 30, 2017 3:14 PM
       Collecting on back rent (by frank [DE]) Jan 30, 2017 3:34 PM
       Collecting on back rent (by Gail K [GA]) Jan 30, 2017 3:40 PM
       Collecting on back rent (by Nell [CA]) Jan 30, 2017 5:37 PM
       Collecting on back rent (by myob [GA]) Jan 31, 2017 5:20 AM
       Collecting on back rent (by nhsailmaker [NH]) Jan 31, 2017 5:32 AM
       Collecting on back rent (by Joe [MA]) Jan 31, 2017 6:53 AM
       Collecting on back rent (by Joe [MA]) Jan 31, 2017 12:49 PM
       Collecting on back rent (by Nell [CA]) Jan 31, 2017 6:01 PM
       Collecting on back rent (by Joe [MA]) Feb 1, 2017 12:39 PM
       Collecting on back rent (by razorback_tim [AR]) Feb 1, 2017 12:53 PM
       Collecting on back rent (by Joe [MA]) Feb 1, 2017 1:08 PM
       Collecting on back rent (by razorback_tim [AR]) Feb 1, 2017 1:18 PM
       Collecting on back rent (by Nell [CA]) Feb 1, 2017 5:10 PM
       Collecting on back rent (by Joe [MA]) Feb 3, 2017 1:15 PM


Collecting on back rent (by Joe [MA]) Posted on: Jan 30, 2017 1:24 PM
Message:

State Specific Question About: MASSACHUSETTS (MA)

Went through an eviction in court. Got my execution and a judgement in my favor. Tenant left on her own with no forwarding address. Is there a way to locate the tenant to try and collect on the back rent. I know it's a losing battle, but this particular tenant does have a job so I'm willing to try.

--170.63.xx.xxx




Collecting on back rent (by Steve [MA]) Posted on: Jan 30, 2017 1:33 PM
Message:

If you know where she works you could try following her home from work.

If you have a proper signed rental application you could pull her credit record. If you decide do this, wait several months for their address to show up.

Try calling her emergency contacts from her rental application.

If it's a multi family ask the other tenants if they have her new address.

See if you can find her on FaceBook.

Try sending a letter to her last know address & ask for an address correction. Again you might want to wait a while before doing this.

FYI, you should be getting 12% interest on your court judgement. This is why I don't spend much effort trying to locate them for the first 6 months. --72.93.xxx.x




Collecting on back rent (by Britt [NC]) Posted on: Jan 30, 2017 2:53 PM
Message:

Did you go through trash left in the house? I found my last tenant's forwarding address that way. That's what she gets for not cleaning up. --99.182.xx.xxx




Collecting on back rent (by Still Learning [NH]) Posted on: Jan 30, 2017 3:14 PM
Message:

I think this is what I did several years ago. Send an invoice for the judgement amount certified return receipt requested to the old address. They most likely won't pick it up and in several weeks time it will make it's way back to you because it wasn't picked up. The forwarding address should be on it or under the yellow return address label. If they do pick it up, then I'm not sure if you will learn the new address or not. --73.253.xxx.xxx




Collecting on back rent (by frank [DE]) Posted on: Jan 30, 2017 3:34 PM
Message:

"If you have a proper signed rental application you could pull her credit record."

Actually Federal law is clear absent a Judgment a LL cannot pull an ex-tenant credit report

but in this case the poster did receive a Judgment --73.197.xxx.xx




Collecting on back rent (by Gail K [GA]) Posted on: Jan 30, 2017 3:40 PM
Message:

I have found going through the trash to be useful (although perhaps messy).

First tenant we ever had skipped out one weekend. She and her daughter took all the "important" stuff (silk flowers) but left behind the "unimportant" stuff including their new lease, the granddaughters birth certificate, dads death certificate and a bunch of unwritten checks (so I knew the account number and bank to garnish when I won my judgment).

I was able to file against them using the address on their new lease.

Gail --73.20.xxx.xxx




Collecting on back rent (by Nell [CA]) Posted on: Jan 30, 2017 5:37 PM
Message:

A little confused why you want tenant's forwarding address. If you have the judgement, you should call the court IMMEDIATELY to get the next step. For example, I received a judgment of $1300 in December. I had to wait 10 days in case tenant wanted to contest (property not in CA). I paid the court and process server to serve tenant's employer. To date, I have collected $740 including a check today $285. Don't procrastinate.

--172.112.xxx.xxx




Collecting on back rent (by myob [GA]) Posted on: Jan 31, 2017 5:20 AM
Message:

This works occasionally. Most times. Call the X tenny and tell them you don't want to send the Sheriff to their job for service as that would embarrass them in front of their co workers and boss. You've done it in the past and it causes all kinds of problems. Problem that can be avoided if you have a legitimate address for me.

We have served them at work with legal doc's. Should that be the only address remember how they left your place. (this is one good reason for pic's-- pull them out when you feel your hesitating serving them) --74.184.xxx.xx




Collecting on back rent (by nhsailmaker [NH]) Posted on: Jan 31, 2017 5:32 AM
Message:

I ALWAYS ask the judge to require as part of his order that the tenant must always inform the court of their address until the judgement is satisfied - WORKS GREAT - because if they refuse future notices of non payment the court sees it as CONTEMPT of COURT - I have had 2 tenants caught on warrants and taken to the slammer --96.61.xx.xx




Collecting on back rent (by Joe [MA]) Posted on: Jan 31, 2017 6:53 AM
Message:

Wow, some great info here. Thanks all. --97.81.xx.xx




Collecting on back rent (by Joe [MA]) Posted on: Jan 31, 2017 12:49 PM
Message:

After using some of the tips here, I've found where the tenant works. I'm not really comfortable trying to follow her home because that sounds a lot like stalking...lol. I think I'll try to call or text her and just ask for her address as was suggested by "myob". Otherwise, I can serve her at her job, right? So, I've never actually collected (or tried to collect) on back rent so now that I have her workplace what's my next step? Do I take the judgement or execution to a constable or sheriff? Or, should I go back to housing court? Or do I go to small claims court and file that? I would much rather do the small claims because our local housing court is a complete mad house! --65.204.xx.x




Collecting on back rent (by Nell [CA]) Posted on: Jan 31, 2017 6:01 PM
Message:

Not sure why you want to give her another opportunity to pay you. She has shown you who she is. You have the tools to force her hands.

The judgement is your ticket to garnish her wages. My suggestion is call the human resourses dept to verify that tenant is still employed and where to serve the judgement. Call court to understand the next step to collect on a judgement in your state. I had to pay court fees and have document served. You don't have to serve tenant, you serve the human resources dept or accountant dept. They process the judgement. This is my second time serving an employer and collecting on a judgement, successfully.

By the way, the employer deducts money from tenant's pay, send a check to the court who sends check to me. And, what's important to me, I know my former tenant's pay days (marked on the calendar) and my court cuts checks every Thursday. Good luck

You --172.112.xxx.xxx




Collecting on back rent (by Joe [MA]) Posted on: Feb 1, 2017 12:39 PM
Message:

I was just thinking of having her served where she lives as opposed to at work to save her from the embarrassment. Plus, I would potentially get the forwarding address I was looking for in case she ends up quitting or getting fired from her job. Bad idea?

I actually did call the HR dept yesterday and verified that she does in fact still work there. --146.243.xxx.xx




Collecting on back rent (by razorback_tim [AR]) Posted on: Feb 1, 2017 12:53 PM
Message:

If you already have a judgment what papers are you needing to serve her? --166.137.xxx.xx




Collecting on back rent (by Joe [MA]) Posted on: Feb 1, 2017 1:08 PM
Message:

I have no idea. I'm trying to force payment on the judgement otherwise I'll never see a penny of it. --146.243.xxx.xx




Collecting on back rent (by razorback_tim [AR]) Posted on: Feb 1, 2017 1:18 PM
Message:

MA may be different but here once I get the judgment I don't need to serve the debtor with anything unless we need to have another hearing for some reason. You know where she works - file a garnishment and have the employer served so you can start receiving payment on your judgment. If you know where she banks file one with her bank as well. --166.137.xxx.xx




Collecting on back rent (by Nell [CA]) Posted on: Feb 1, 2017 5:10 PM
Message:

Dear Joe,

I hope we are still friends after this tough love I'm about to dish out. Charge it to my head not my heart because I truly want you to collect on that judgement.

Why are you concerned about embarrassing your tenant at work? I wish she was as concerned about you, ie honoring the contract and not even being evicted. What about your valuable time? I once read on this form "take the emotion out of it". Hmmmm.

I'm an out of state landlord and it has worked for me, sometimes frustrating but it works.

I have a good relationship with my court and the clerks are very helpful. I don't know the process for MA but I had to file a "Statement for Judgement Creditor Requesting Garnishment Execution" document. It just confirmed the amount owed including interest, court fees, etc. It cost me $25.00. After I was granted eviction and judgement, I had to wait 10 days just in case tenant want to appeal. In the meantime, the court sent me the documents and I had them notarized and sent back so on the 11th day I could serve her employer. The human resources officer did their internal paperwork and sent them to accounting so monies can be deducted from her payroll check. I have the names and numbers of those employees. I confirmed paydays with employer and watched the calendar.

I understand you want address and phone # but you are waisting precious time now. Serve employer and then obtain that info as it's not need to serve her employer.

Yesterday, I learned through a friend my tenant went to jail. I was given the website and sure enough, there's her picture. She's married with three beautiful little girls. I felt for the children but I had to stay focused. It's business. She was released last night and I hope back at work today.

Keep us posted, Joe.

Your friend,

Nell

P.S. are we still friends --172.112.xxx.xxx




Collecting on back rent (by Joe [MA]) Posted on: Feb 3, 2017 1:15 PM
Message:

No Nell, you're 100% right. I've since re-considered as I've grown increasingly frustrated trying to get the right info. I called district court/small claims, housing court, sheriff's dept, as well as an independent constable. I seem to be getting the run around from everywhere but the long and short of it is that I have an "Execution for possession and money judgement" in hand. The tenant left about a month ago so I already have the possession part, now I just want the money judgement part. In talking to the housing court clerk she told me that since I had made a previous payment arrangement ($100 extra per month on top of use and occupancy), and since the tenant didn't comply with that, that I should come in and file a "motion to enforce agreement". She basically told me in not so many words that it's a waste of time, and it's very difficult to collect on these. Scenario would be, I serve the tenant with the motion, if tenant doesn't show up, then she's in contempt, but there's really no real penalty. There will not be an warrant for her arrest, they only issue a capius(sp?). I guess the capius is just to have a constable pick her up and force her into court. Once she's in court we would have to sit and mediate again, probably make a new agreement, etc. Later, she fails to make payment again, again I have to file another motion, etc. She'll never be arrested because it's a civil case. Sounds like this could end up being a big time waster for nothing in the end. Anyone from MA ever dealt with this? There must be an easier way. --170.63.xx.xxx





Reply:
Subject: RE: Collecting on back rent
Your Name:
Your State:

Message:
Collecting on back rent
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: