Small Claims Court & Garnishing wages after judgement

Small Claims Court & Garnishing wages after judgement

Investor · Waukesha, WI · Member since 2015 · 23 posts · 2 votes

Hello!

Thanks for looking!

I've got two scenarios I could use a little advice on;

1- I had a tenant leave after threat of eviction, they owe about $2,200.  I have lots of documentation, mostly text messages.  Should I take them to small claims court, or do I need to file some kind of tenant eviction paperwork first? ....I've only had one full eviction in the past, luckily.  

2- The one eviction I did have recently resulted in a judgement for me around $3000.  I'm doubtful I'll see that but I'd hire someone to take care of all the paperwork to garnish their wages if I can?  Or do I need to contact their employers directly?  It didn't end very well and I'd rather not have any interaction with the past tenants if I don't need to.  

As always thanks for any help!

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Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
9y

1, You can file a lawsuit, but you must be able to document that the tenant owes the money, what portion of the lease they violated, when they paid, etc. Chances are the tenant won't even show up for court, but be prepared anyway, just in case.

2, As for garnishments you have to do that through the court system. The court actually issues the garnishment, otherwise any ole joe can call someone's employer and request a garnishment. Once the court issues the order, the employer has to comply. Don't be surprised if the tenant quits that job after being notified of a pending garnishment. If you have accepted checks from them you can also attach their bank account. But you must first win the judgment.

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  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    #1. you need to send move out charge sheet and if you didn't do that within the time limit of your state landlord laws.. you might be stuck... If you did in proper time, then you can file in small claims court for the amount they owe.. they probably won't show, you'll get a judgement in your favor and you'll likely not be able to collect.. if you give to a collection agency you'll get only a portion if they are ever able to collect.

    #2. Your eviction action granted the fact they were evicted and owed you the $3000.00 So now you'll need to file in small claims also.. you could try and give judgement to a collection agency to get garnishment.. the % of garnishment they would take per pay check is better done with a collection agency I would think.. 

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    9y

    1, You can file a lawsuit, but you must be able to document that the tenant owes the money, what portion of the lease they violated, when they paid, etc. Chances are the tenant won't even show up for court, but be prepared anyway, just in case.

    2, As for garnishments you have to do that through the court system. The court actually issues the garnishment, otherwise any ole joe can call someone's employer and request a garnishment. Once the court issues the order, the employer has to comply. Don't be surprised if the tenant quits that job after being notified of a pending garnishment. If you have accepted checks from them you can also attach their bank account. But you must first win the judgment.

  • Investor · Waukesha, WI · Member since 2015 · 23 posts · 2 votes
    9y

    Okay thats all good info!  Thanks for taking the time. 

    Moral of the story is..... find good tenants!

    Have a great week Ray & Deanna!

    Brian

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y

    As noted 

    • "2, As for garnishments you have to do that through the court system. The court actually issues the garnishment,"

    That means you need a court judgment -- Unlawful detainer or Small Claims -- to file for the garnishment as a motion.

    Yeah, our balance due can be significant and we really want/need the funds, but don't be surprised that you get zippo from that attempt.  I had rehab costs of $9500 and boy did that stink and sting, but the deadbeat went homeless rather than getting a job.  I had to just write it off as a Bad Debt expense :sigh:

  • Investor · Waukesha, WI · Member since 2015 · 23 posts · 2 votes
    9y

    Can anyone recommend a collection agency to use or one to stay away from? 

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