About to Collect On a Judgement!

About to Collect On a Judgement!

Realtor Ā· Hanover Twp, PA Ā· Member since 2018 Ā· 3k+ posts Ā· 3k+ votes

I've heard many times that its not worthwhile to sue tenants or to try to collect on the judgements against them. So, I wanted to share a story where it appears I am about to successfully collect the majority of a judgement.

I had a tenant that I evicted a couple years ago. I had a judgment from when I evicted and a second one after she was finally out for damages.

When my tenant failed to pay the 1st judgment after 30 days, I recorded the judgement in the county prothonotary's office where it becomes a general lien on any property they own within that county.

I found that my tenant owned a vacant uninhabitable home that she had bought for about $14k a few years prior. Unfortunately, my tenant also had a judgement lien from a local college so I was in the 2nd lien position on that house. However, these types of judgments need to be revived periodically in court or they time out and the college's lien was nearly up.

I waited for the college's lien to be up. During that time, I found that the tenant managed to sell the property to a cash buyer who didn't do a title search or get title insurance.

I contacted this buyer. They were very nice, but their English isn't so good. After months of prodding them along and with the help of an interpreter they used when buying the house, I have finally gotten a written proposal for them to pay on the judgment from their lawyer.

They are offering to pay about 70% of the judgment amount, which I think in the collections game is a pretty good win. I still may negotiate it further, but the end is finally in sight.

Yes, this effort did take a long time in calendar days, but really not that much in terms of man hours. So, it was a worthwhile effort. In addition, they say you pay for your education, and through this effort I have gained a lot of good experience.

Anyone else who has had success with collecting, please share some stories!

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Rental Property Investor Ā· Member since 2019 Ā· 304 posts Ā· 462 votes
7y

I had a tenant skip out on me and had the audacity to move to an apartment three doors down the street. Every time he saw me he would just laugh at me. My attorney advised me to sue. If I didn’t the tenant might spread the word that I was a pushover and I might experience more of the same with other tenants. That made sense so I sued and got a judgement. The tenant had no assets so my attorney filed a garnishment order on his wages. The tenant worked as a cook in a high end restaurant nearby. He did not earn a lot so the garnishment amounted to about $25 a month. However, the restaurant ignored the garnishment order so my attorney filed a motion to have the judgement transferred to the restaurant. On the day of the hearing, the restaurant owner nor his attorney even bothered to show up so the judge granted the motion. Several days later the attorney for the restaurant owner contacted my attorney to discuss a settlement. My attorney said we would settle for 100%. The attorney refused. Several weeks later, the sheriff raided The restaurant on a saturday night around 12 pm, confiscated all the cash and all the liquor. The cash was not sufficient to satisfy the judgement so the liquor was sold to make up the difference. I got my money plus court costs and attorney fees. After that, every time the tenant saw me, he went out of his way to avoid me. I got a reputation for being a bad *** landlord. šŸ˜Ž

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  • Investor Ā· Cleveland, OH Ā· Member since 2017 Ā· 319 posts Ā· 330 votes
    7y

    I was so excited until I read that some other poor sap got stuck with the bill.. Of course the deadbeat gets away again without paying 🤨

  • Rental Property Investor Ā· Los Angeles, CA Ā· Member since 2017 Ā· 2k+ posts Ā· 5k+ votes
    7y

    The "poor sap" didn't do even the most basic of homework when buying the place.They likely could have found out about the lien if they contacted the register of deeds. It may have been as simple as a phone call or going on their website. They just learned that it can be expensive to cut corners and not do your homework. 

    My best collection story is one where we didn't collect, but it still kind of falls under success. A contractor owed the HOA a large judgment. The HOA was able to get a judgment against the owner and not the company that just went out of business and reappeared under a new name. We renewed the judgment after the first 10 years, but I guess he didn't know we could do this. Shortly after the renewal of judgment, which was around the time of the market collapse, we get contacted by an escrow company. He's trying to buy a house in Pacific Palisades and the bank won't close the loan with this judgment attached to him. At this point we would have settled for much less. He won't pay, won't even talk to us, and he drops out of escrow. I view it as a sort of success as that home that he dropped out of escrow on is worth several million more today. He lost out on 2-3 million in appreciation. 😁

  • Rental Property Investor Ā· Erie, PA Ā· Member since 2018 Ā· 6k+ posts Ā· 9k+ votes
    7y

    Eh,Don’t get too excited ...you don’t have the money yet !

  • Rental Property Investor Ā· Member since 2019 Ā· 304 posts Ā· 462 votes
    7y

    I had a tenant skip out on me and had the audacity to move to an apartment three doors down the street. Every time he saw me he would just laugh at me. My attorney advised me to sue. If I didn’t the tenant might spread the word that I was a pushover and I might experience more of the same with other tenants. That made sense so I sued and got a judgement. The tenant had no assets so my attorney filed a garnishment order on his wages. The tenant worked as a cook in a high end restaurant nearby. He did not earn a lot so the garnishment amounted to about $25 a month. However, the restaurant ignored the garnishment order so my attorney filed a motion to have the judgement transferred to the restaurant. On the day of the hearing, the restaurant owner nor his attorney even bothered to show up so the judge granted the motion. Several days later the attorney for the restaurant owner contacted my attorney to discuss a settlement. My attorney said we would settle for 100%. The attorney refused. Several weeks later, the sheriff raided The restaurant on a saturday night around 12 pm, confiscated all the cash and all the liquor. The cash was not sufficient to satisfy the judgement so the liquor was sold to make up the difference. I got my money plus court costs and attorney fees. After that, every time the tenant saw me, he went out of his way to avoid me. I got a reputation for being a bad *** landlord. šŸ˜Ž

  • Realtor Ā· Hanover Twp, PA Ā· Member since 2018 Ā· 3k+ posts Ā· 3k+ votes
    7y

    @Dennis M., Keep in mind if they don't pay I can foreclosure on the house and have the sheriff auction it off to pay me.

    The time and consideration I have given these folks and potentially accepting less than 100% is because they too were taken advantage of by my former tenant. They paid at least double what the house is worth.

  • Realtor Ā· Hanover Twp, PA Ā· Member since 2018 Ā· 3k+ posts Ā· 3k+ votes
    6y

    @Dennis M., just a follow-up on this post since you were skeptical.

    I did collect about 70% of the judgment as I described in the original post. We arranged for the new owner to make payments to a lawyer who held the money in escrow until it was all paid. I went down and signed the paperwork to release the lien and collected my money all nice, neat and simple in the end.

  • Flipper/Rehabber Ā· Colorado Springs, CO Ā· Member since 2016 Ā· 499 posts Ā· 167 votes
    4y

    Love the result with that scumbag! I like my tenants to be ā€œscaredā€ of me…

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