Investor · Rochester, NY · Member since 2014 · 14 posts · 4 votes
This past winter I had a tenant whose lease I wasn't going to renew because the unit needed some serious rehab. Anyway tenant wouldn't leave, had to go through the entire eviction process, in the end the judge ruled that the tenant had to pay rent for the extra month that the tenant decided to stay. The tenant never payed and the Marshall never collected. What next?
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
12y
Do Marshalls collect judgements in NY? That would be unusual. What you won in court was a judgement against the tenants. Its up to you to actually collect on it.
Simplest way is to turn it over to a collection agency and leave it to them to pursue it.
Contractor · Louisville, KY · Member since 2012 · 14 posts · 2 votes
12y
Hey Aaron, I've always just let it go. Be happy they didn't destroy it!! I only had to do it once. It never made it that far, after dropping a dumpster off in their parking space.. If it were me. I'd write it off bro.. Don't spend anymore time or money trying to collect. Can't squeeze blood from a turnip!
Rental Property Investor · NY · Member since 2013 · 844 posts · 350 votes
12y
I would just be happy they didn't destroy my unit. One month rent isn't worth the time and aggravation you will go thru trying to collect.
Take it as a learning experience. Did you inherit these tenants when purchasing the property?
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
12y
Do Marshalls collect judgements in NY? That would be unusual. What you won in court was a judgement against the tenants. Its up to you to actually collect on it.
Simplest way is to turn it over to a collection agency and leave it to them to pursue it.
Investor · Rochester, NY · Member since 2014 · 14 posts · 4 votes
12y
@Jon Holdman That's what my attorney told me. I've been considering turning it over to a collection agency. I have the judgement paperwork. If I went that route I obviously wouldn't get the full judgement amount but it would at least cover my court fees.
Investor · Rochester, NY · Member since 2014 · 14 posts · 4 votes
12y
@Jon Holdman I did not. The attorney i hired for this incident handled everything. They told me that the tenant had 30 days to pay the past due rent and if the tenant did not pay within the 30 days then the attorney's office would contact the marshal and have them pursue it.
Rental Property Investor · NY · Member since 2013 · 844 posts · 350 votes
12y
You are lucky you are not a NYC Landlord I know one who has been in court for 2 years trying to evict a tenant =)
Originally posted by @Aaron Stevens:
@James Roberson @Eddie T. - When I used to be a renter it never crossed my mind that I could just stay in my apt even after the lease had expired.
Investor · Rochester, NY · Member since 2014 · 14 posts · 4 votes
12y
Eddie T. - I paid the attorney about 270 and the eviction only took a couple weeks, so I was pretty satisfied about that. I also manage this property by myself.
2 years to evict someone in NYC!!! I would go insane!!!
Residential Real Estate Broker · Palo Alto, CA · Member since 2011 · 49 posts · 21 votes
12y
We have wage garnishment specialists all around the Bay Area. Different from a standard bill collector because they go straight for the paycheck rather than wasting time with calls and letters, but the tenant has to be employed and you have to know where.
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
12y
Is the tenant collectable? Do they have a job? Assets? Anything that you would be allowed to collect? Getting a judgment is the easy part. Actually collecting something is much, much tougher. I'd send the judgment to a collection agency and forget about it. If, someday, a check appears, celebrate.
Investor · Rochester, NY · Member since 2014 · 14 posts · 4 votes
12y
@Jon Holdman - I dont think so. He might be if i dug a little more. I was talking to my girlfriend about it this weekend and she told me the marshal did try to remove the funds from the tenants bank account but the bank account we gave them was closed. He did have a job, but i cant remember where, and he didn't have any valuable assets other than some old video games and some band equipment.
I DO know where he lives though. He told us his new address in an old voice mail and its in the same neighborhood. I actually saw him walking down the street this past Saturday!
I think my best bet is to just send it to collections as you suggested.
Investor · Smyrna, GA · Member since 2014 · 96 posts · 72 votes
12y
I've never understood the phrase "it's always easiest to collect from some one who pays their bills" until I realized I've never had to sue someone like that! Collecting is always 99% of the battle. I've just received a response from the employer of someone I garnished-the person just walked out(quit) when he found out about the garnishment! Another buried the notice for the time of the statutory limit, then quit just when the deadline was up.
Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
12y
Assuming you have a post eviction judgment, you should at the very least record it in your county. That way if the debtors ever need get a loan, it will show up on their record and they may come back to you to settle it.
I'm evicting a non paying holdover tenant right now. They've been served and they called to see what they could do. I told them if they leave within the next two weeks I'll call off the sheriff lockout and that I won't record the judgment (about $3K). I want the property sooner than later. I'd rather not have to go to the hearing and pay for the sheriff lockout. So if they don't perform, everything is in place to evict. I made it clear that rent is not the issue at this point. But it will be if I have to go to that hearing and pay for the sheriff lockout.
Rental Property Investor · Oakland, CA · Member since 2011 · 3k+ posts · 2k+ votes
12y
I like @Account Closed 's response about giving an incentive. If they cooperate, they avoid future detriment.. Maybe even call or send him a letter and send a copy of what you are about to file, and the consequences, or they can settle for half the payment. This might be more than you can get from collections after expenses, if you're really concerned about chasing it down..
In the Bay Area, like @Eddie T. said about NYC, evictions can go out a long time.. so consider yourself lucky!!!