Any tips for suing tenants in small claims in Colorado?

Question

At first I wanted to be moving on from the nightmare of horrendous tenants' damage. But it's almost a year since I got them out and I sold the property for a nice profit. I know that I have a few years before I file suit but I want to work on it now that the weather and COVID fear are keeping me indoors.

Would appreciate any tips, especially some clever way to find out their current address. I have the woman's original birth certificate which she left in a pile of trash which should help in locating their current hovel.

TIA! I am in awe of how much this platform helps me.

Jeremy Horton · Answer

What are you suing for?

I've been down this road before - you can sue, they don't have money or don't pay and it goes to collections and drags out until you start questioning if it's worth it

What kind of damage are we talking? How much?

Jane S. · Answer

Thank you all for your reasoned and supportive responses to the trashing of one of my (former) SFR's. After reading a few posts about similar situations, it could have been much worse. Yes it was an important stage to work through and I am exercising extreme diligence with new applicants. All renters have quite serious problems and issues that they won't solve anytime soon. It's up to me to learn the extent of those and make decisions accordingly. I consider this forum my mastermind group and place high value on ability to reach out to experts.

JD Martin · Answer

It sounds like you are out $2-3k, and you sound like you more than made it back on the sale. Move on - you'll be unlikely to find a sympathetic judge, you'll have to demonstrate that you took a loss on the profit you should have made, and you're not timely. And they are likely broke as a joke, so you will likely never see a dime even if you win a judgement.

John Hernandez · Answer

Additionally, if you made a profit since the tenant left and you have sold the property, you may have trouble getting a judge to award any damages. You would have to prove loss that was not mitigated by the sale and loss of rent. If they trashed the house that bad I doubt they have anything to pay in restitution. If you really want to pursue it you could run another credit check but I am not sure that is legal as they have no application with you. Seems like cutting your losses is the best thing here.

Nathan Gesner · Answer

It depends how much they owe. If it's less than a few thousand, I wouldn't even bother because you're unlikely to collect a dime. If it's more than that, you can take them to small claims court for little cost and with little effort. If it's a really significant amount, then I would hire an attorney to ensure it's done properly.

I'm curious why you waited so long? The fact that you waited and that you sold for a profit will weaken your case.

Bruce Woodruff · Answer

As someone who has been to SC Court dozens of times, make sure that they are what is called 'collectible' first. Otherwise you waste a ton of time and angst for nothing. Winning (getting a judgement) is relatively easy. Getting the money is entirely a different matter.

Bruce Woodruff · Answer

Well I don't know about ALL renters...... :-)

Mohammed Rahman · Answer

Hey @Jane S. It's up to your discretion if you do end up suing, but at this point... is it even worth it? My understanding is that if it's a small claims court, the amount isn't large enough to justify getting your own attorney involved.

I know it's a bitter truth to accept and move on since it's a bruise to the ego, but I don't think it's worth your time and effort. Take it as a learning lesson and move on, especially since you were able to net a nice profit after they left.

Karma will catchup to them eventually.

Jane S. · Answer

thanks everyone

i have better things to do than get angry about this allover again. they'll be dead soon anyway.

Jane S. · Answer

They left it in a totally trashed condition but i did upgrades that i had deferred so the insurance deductible and drywall 15 sheets is about the extent of my loss plus the sheriff fee, bad choice of attorney, and paying for removal of their crap. I laid Pergo on the main floor and it definitely helped me get a great contract. When we pulled the 3-yr-old electric range there were dead mice and droppings.

I've been busy with things I love to do so didnt want to deal with these scum of the earth, sorry an insult to worms. Then since COVID is heating up around here because folks are so resistant to getting vaxed, I could stay in and prepare the docs for the small claims case. also, i heard that a collection agency has the power to garnish wages. So I thought that would be another option. Plus my 1031 is paying me monthly. I'm sure Judge won't understand/appreciate that deferral of cap gains. Y'all are correct, just put the docs in the shred box and continue doing what I love.

Any tips for suing tenants in small claims in Colorado?

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