Recover past due rent

[Alexis Alvarez]

I finally had my tenant evicted through the court system—they were about seven months behind on rent, totaling approximately $16,000. What is the process for trying to recover this money? Would I need to pursue it through civil court, and if so, how does that process work in Hudson County NJ? Also, is there attorneys you would recommend in NJ?

[Marc Winter]

In most states it works like this:  get the certified judgment against the ex-tenant from the court.  Take that judgment to your country recorder, and have it properly recorded.  

Then follow your state's procedure to collect/garnish wages.  

Or hire a collection agency, send them a copy of the judgment and tenant details, including new address, etc.  If successful, the collection agency will take their fee, and forward you the balance.

If there are no wages to garnish, many states allow a sheriff sale of the ex-tenant's personal property and the proceeds of that sale, minus costs, go to the judgment holder (you).

This is not legal advice--I am a real estate broker, not an attorney, and telling you what I learned from my actual own experience.

Odds of collecting:  slim,  but it's absolutely necessary to file and proceed with the collection attempt.  

Not filing and trying to collect will reduce your odds from 'low' to -'N0'%-.