I just left court. Had a little different experience.

We used ZERO TOLERANCE ON LATES so they only owed a few weekly payments but they left the dumpster full of junk and trash in the garage and yard. And they brought in three extra dogs in addition to the two dogs that were allowed on the lease. That’s five dogs total.

My lease is clear: Unauthorized animals are charged the pet fees going back to the start of the lease which was 2 1/2 years ago so that was $3000 plus on just that one line item.

Add early termination fee, late fees, and cleanup to make the total over the maximum Small Claims Court will allow.

I talked to them in the hallway before the hearing and said I would discount their bill if they would agree before we go in the courtroom.

He asked how much is monthly payment would be. I replied let’s take this one step at a time. First let’s agree on the amount. He ignored me and asked about a monthly payment again. It became clear to me that his focus was on the payment not on the amount.

So I shut up and let him tell me how much she wanted to pay! He never did ask for the final total.

Just like the way people buy cars they only want to know the monthly payment, not the purchase price.

He signed the settlement agreement and the garnish paper. DONE! Handed it to the clerk at the window and we all went home.

He never asked what’s the total would be. He’s happy and so am I!

Moral: never assume. Listen for their hot button!

Congrats on a creative solutions.

You are very well prepared.

Brad, just to clarify.

You did go before judge and he rendered a judgment in your favor then?

Amazed the court clerk would the garnishment immediately.

We settled in the hall. I habe the forms filled out and ready in my briefcase. We fill inthe amounts, sign, I turn them in at the window. We do not have to go before the judge WHICH MEANS no arguing, no discounts for wear and tear or depreciation, no “ compromises” by the judge to keep everyone happy, no need to prove we sent the Deposit Settlement on time!, no 60 day wait and another service to get them (and me!) back in for a garnish hearing. Win win.

And it lightens the judge’s load.

PS I always stay to observe. Two attys did not get as much accomplished as I did.

They had to present their cases, be challenged, answer questions, provide docs, and no garnishment. Now the LLs must pay them more money to come back for collections.

If the court is not busy (seldom!) the judge wants us to present the agreement in the courtroom and have the defendant's verbal confirmation on record. If he's busy the clerk will accept it. She eyeballs it for completion and says OK to leave.

I DO check the online court records later in the day to see it was accepted (ordered) and posted.

Gotta know YOUR judge and his system!

But still a question Brad.

If I understand correctly, you got your tenant to agree to pay you an amount over the $5,000 limit of the court?

How is that possible?

All hail the king of negotiating!

In my area the small claim limit is 5k, however it you file eviction the limit is now 15k, and the housing court now has a 35bux garnishment fee.

In my area the small claim limit is 5k, however it you file eviction the limit is now 15k, and the housing court now has a 35bux garnishment fee.