 Damage claims (by Pat G [CA]) Aug 15, 2017 7:23 PM
 Damage claims (by Ken [NY]) Aug 15, 2017 7:34 PM
Damage claims (by Jim in O C [CA]) Aug 15, 2017 8:14 PM
Damage claims (by Vee [OH]) Aug 16, 2017 5:20 AM
Damage claims (by razorback_tim [AR]) Aug 16, 2017 5:23 AM
Damage claims (by S i d [MO]) Aug 16, 2017 5:25 AM
Damage claims (by LindaJ [NY]) Aug 16, 2017 5:32 AM
Damage claims (by Robert J [CA]) Aug 16, 2017 8:05 AM
Damage claims (by WMH [NC]) Aug 16, 2017 9:04 AM
Damage claims (by Pat G [CA]) Aug 16, 2017 4:49 PM
Damage claims (by Jim in O C [CA]) Aug 16, 2017 5:39 PM
Damage claims (by Laura [MD]) Aug 17, 2017 2:08 AM
Damage claims (by William [AR]) Aug 17, 2017 7:15 PM
Damage claims (by Kathy [WI]) Aug 19, 2017 12:42 PM
Damage claims (by Pat G [CA]) Posted on: Aug 15, 2017 7:23 PM
Message:
My tenant left owing rent and large damage around $5000.
He says I will waste my time taking him to small claims court because his wages are already being garnished to the maximum amount allowed. I am in California. I understand you can't collect if there is nothing to collect from, but he caused us so much grief and expense, there ought to be some way to make him pay. Anyone know if going to court is useless, like he says? --75.80.xxx.xx |
Damage claims (by Ken [NY]) Posted on: Aug 15, 2017 7:34 PM
Message:
Get the judgment,in my state if I file a garnishment with the sheriff and someone is already collecting I am in line and when the last guy gets paid my garnishment goes in effect --24.25.xxx.xxx |
Damage claims (by Jim in O C [CA]) Posted on: Aug 15, 2017 8:14 PM
Message:
Go after a judgment and if successful file an abstract which is good for 10 years and and renew it for another 10 years . Unless he goes BK someday in the future he might try to buy something and you're going to be there with your abstract to haunt him. I got paid eight years later thanks to my abstract. My tenant was not able to buy a house until that that was satisfied . --75.22.xx.xx |
Damage claims (by Vee [OH]) Posted on: Aug 16, 2017 5:20 AM
Message:
Best to file and get inline, you might have a lottery winner or an uncle who passed away will get them garnishable fast. --76.188.xxx.xx |
Damage claims (by razorback_tim [AR]) Posted on: Aug 16, 2017 5:23 AM
Message:
Always get the judgment. Once you have the judgment time is on your side. --166.137.xxx.xx |
Damage claims (by S i d [MO]) Posted on: Aug 16, 2017 5:25 AM
Message:
Do what Jim suggests. MAYBE, he is being garnisheed today (or maybe he is LYING to try to get you to give up without a fight...huh, a lying tenant? Who would guess?)...BUT 5, 6, 7 years from now he might be able to pay.
Tenants can't think past Friday's paycheck, so even if he is telling the truth (HAH!) it doesn't mean he'll be broke forever. You're in this game for the long haul. Get your judgment and slap it on the books. As Jim said many lenders won't touch someone with a judgment, so he'll need to settle with you first if he wants to borrow $$$. Or maybe he gets an inheritance or wins the Lottery.
Personal story related to this: two days ago I received a check from my collection agency for a tenant I evicted back in 2010. 7 years waiting...but the money is finally coming in! The nice thing is the INTEREST (9% per annum) that has been added on is almost enough to cover the entire collection fee. Rule of 72 says this judgment doubles every 8 years (72 / 9 = 8)...which means she owes me about twice as much as we originally were awarded. --173.19.xx.xxx |
Damage claims (by LindaJ [NY]) Posted on: Aug 16, 2017 5:32 AM
Message:
Go for it anyway. As everyone says, it usually comes around sooner or later. I have had them paid many years later. At least in NY, small claims court is a do it yourself court, low fees, don't need a lawyer, although it has a limit for how much you can ask for. I am currently going for the limit, although it is only 2/3s of what is owed. --96.236.xx.xx |
Damage claims (by Robert J [CA]) Posted on: Aug 16, 2017 8:05 AM
Message:
I have pulled the latest Credit Reports on an X-tenant who I evicted and "converted" the "eviction Judgement" to a Money claim for "back rent". Then I' sued in small claims court for excess damages beyond the security deposit.
Now I have two worthless documents in California. So my next step is to WAIT SIX MONTHS BEFORE I TRY TO COLLECT! WHY? Because if I try to collect before a six month period, the x-tenant can file an appeal with an attorney which will cost me more to defend than it's worth!
Now after the six month period I hold a Debaters exam. The judge sends me and my x-tenant to the cafeteria where their I ask my x-tenant a series of questions. Like, do you have a job, let me see your pay stubs, etc.
Every two to three years I conduct this debaters exam.
Before a 10 year period I hand this case to a collection agency. Then after they have no luck collecting I receive a report. Then before the 10 year statue of limitations is over, I get another 10 Year Extension.
Sometime over the 20 year legal period one of the following happens:
a) the x-tenant gets married (community property, I will try to collect the judgement against both parties).
b) the x-tenant get a job and you garnish their wages
c) a parent dies and leaves them money -- they you collect
d) You conduct bi-annual debaters exams and when they don't show up you have a bench warrant issued. If they get stopped for a moving violation, they will be arrested. --47.156.xx.xx |
Damage claims (by WMH [NC]) Posted on: Aug 16, 2017 9:04 AM
Message:
In NC it's a misdemeanor for a tenant to intentionally damage a landlord's property, and with that much damage, it could be a felony. Can you talk to the law rather than small claims? --173.22.xx.xx |
Damage claims (by Pat G [CA]) Posted on: Aug 16, 2017 4:49 PM
Message:
I am very grateful for all the comments. Wow. Robert lays out the whole nightmare for collection in CA. But Jim in OC seems to be more satisfied with the process. I see that one has to be very committed in order to be able to collect.
Especially having to search for the debtor each time you try to collect. Does the actual garnishing of wages have to be done through a lawyer, or through a professional collector? After getting a judgement, how often should one try to find the debtor and try to collect? --75.80.xxx.xx |
Damage claims (by Jim in O C [CA]) Posted on: Aug 16, 2017 5:39 PM
Message:
In my case I knew one day my tenant would like to buy something. It follows his name, not a lien against any piece of his property. When he went to finally buy a home BINGO my abstract of judgment stopped him cold until he satisfied that debt .
--75.22.xx.xx |
Damage claims (by Laura [MD]) Posted on: Aug 17, 2017 2:08 AM
Message:
A couple of thoughts. .... each time you do the process it gets easier. After the first few times it really is NOT a big deal. The secret is time and keeping at it, something with happen and they will pay up,more often than not. --108.28.xxx.xx |
Damage claims (by William [AR]) Posted on: Aug 17, 2017 7:15 PM
Message:
Pat G. Just think. What if someone before you had filed a suite against him and won but couldn't collect. You could have seen that is the court records and steered clear. Even if you don't collect, your satisfaction maybe preventing him renting somewhere else and doing this to some other LL. --64.250.xx.xxx |
Damage claims (by Kathy [WI]) Posted on: Aug 19, 2017 12:42 PM
Message:
Sid:
Your "collection agency"!!!! Who, what, where, how? I have had NO luck finding someone to take this on.
They all tell me that they would not do anything differently than I would be able to do...so save my money....IF I could ever collect on it.
Are you using a lawyer? Collection Agency? Gangster (do they break legs...I have a couple files to send him) --24.241.xxx.xx |
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