Long Post. Mostly replies to others from my post Small Claims Court Apr 12, 2018 4:40 AM THANK YOU ALL for taking time to reply.

I am just trying to learn something about the system. As the guy whose evictions (?) number one to nineteen more, (remember Marty R) totaling 20K, says "you gotta know your judge" well "I gotta know my garnishment rules"

One thing that brought this about. I took guy and wife to small claims court (SCC) for garnishment -- see post Garnishment works so far (by Mike SWMO [MO] Apr 5, 2018 7:09 PM) and court took the total amount of judgement times two people and gave me a large garnishment. Great.

@NE (PA) Everyone gets paperwork that says jointly and severally. Yes decision of who to charge what amount.

@ Ken (NY) Kind of what I was thinking. Take them twice. But in the other case I took them both to court at the same time and when I went to garnishment court added them (as separate amounts) together and I am only having to garnish his wages as she is not working. BIG Difference. Payment to me per month is the same but he has total amount of twice what he individually would have to pay. Did the court make a mistake?

@ Patrick (VA) This was a hypothetical question but I have had that happen before. I came out very well off.

@ MYOB (GA) What is this 25% collection fee you talk about. And we can only get 9% interest. We can use SCC court up to $5000 for our rent, damages and then add any court cost, mailings, sheriff service fee and so on. So could get judgement for ~$5,500. Don't know about the collection fee. As said above this is a "what if" case. If one doesn't show then I only get judgement in one name unless I can show I did give service to both of them. Not sure just how court works that. However I do have one now that I am going to try adding a person who I just found to a case I already have judgement for. Just found the guy so he could be served.

@ Opinionated (NC) I try hard not to be contrary to the law.

@ SID (MO) Good to hear how your attorney would do it. And it is in MO so should fly for me. I have thought about going that route. I have in the past served them for SCC while they are still in the house and the next month while they are moving out served them again for second part. Worked very well. Got judgment both times. I always use sheriff service so I don’t have to depend on the pony express being late. Little more fees but done next day.

@ MYOB (GA) See above where I have taken same tenants two different months

@ Opinionated (NC) I don’t remember our cost but I always use sheriff service (little more cost but I can see if they get served on our State wide CaseNet system. Time frame depends on when I file.

@ Barb (MO) I have thought about having lawyer take them to court instead of using SCC. If I have read right if we use a lawyer and go to regular court (not SCC) then later we can also go after their car, boat, guns, or other personal property. Anyone in MO knows how this works. I am with G from SEMO. We talk, discuss situations and always take them to court even if it cost us our own dime. Other landlords can use CaseNet and see the deadbeats. Helps them out if they use the free service. I am kind of small potatoes but he has over 200 doors. Where or what is CoMo

@ WMH (NC) I am after a judgment even though I know a lot of the time I will not collect any money. I want it to show on their CaseNet record even if it cost me a dime or two.

@ Moshe (CA) See post to WMH

@ Razorback Tim (AR) Good to hear from you. Almost came down to your neck of the wood the other day. Have 10 acres near Pine ville I am wanting to sell. We can do garnishment with SCC so wouldn't need a lawyer unless damages and rent were much higher. This was hypothetical at this time so just trying to be forewarned and knowledgeable.

@ DannyC (MO) See reply to Barb post

@ Mike45 (NV) Thanks for the info. Filing separate because they are on different types of claims. Mike45 said 'Because I could not have filed for Feb - April when I filed in January, those are legitimately done as separate lawsuits' . Will tuck that away in the canyons of my mind for later. Thanks

I get it Mike. Do you think if you hired an outside collection firm it would be free? its not. They charge 25% of the total. We are a collection company and have the same expenses. We add 25% and the fact is it's never been denied. NEVER. Second is the interest on bad debt. ur lease stipulates 15% on amounts outstanding. We've been to magistrate enough to know that's not excessive. it's about what CC's charge. All cost for court and file fees are also to be paid by client.

CoMo is Columbia MO. I spend too much time with people from there thanks to my employer on my day job. They often refer to it as CoMo.

Look for Shaffer in Columbia MO. I'm about to turn over a couple of people I have judgements on, as well as a couple of people who moved on and didn't pay. They'll take it if it is under 10 years old. I just have to get all the paperwork together, which I'm working on tomorrow now that my annual tax fun is done. It is office clean up time!

NC - the individual I'm thinking of works in the defense industry. His address and whether he paid his rent was verified by the federal investigative service before he started.

That was before he refused to pay the damages.

So since he had to get security clearance, and it has been a couple of years, it is about time for them to run him again. :). He will have to pay the bill or risk losing it.