What Percentage of Evictions Come with Financial Judgements?

Question

Hey all - 
I'm trying to find a data point and was hoping you might be able to help me with the research.  I'm curious as to finding out the percentage of evictions that come with a financial judgement vs. the percentage of evictions that result in an eviction without a financial judgement.

Does anyone know where I can find this out or what the answer is.  Even if you've got a local or state number, that would be great, as would your own results.

Thanks!

Eric M. · Answer

I'll say it for you Josh.

He isn't asking for your opinions or experiences with evictions.  He is looking for someplace he can find actual data.

William Bannister · Answer

I have seen lists as long as 50 cases on a Tuesday or Thursday when they have eviction court open. The page is usually on the door where eviction court is located or near the clerk of courts somewhere if you ask they will let you look at the clip board of cases. lot of counties post em on the wall outside the court room where eviction court is. Just ask clerk of courts where the eviction court is held.

William Bannister · Answer

Everything you want on case law its all there public since its not sealed up like some  family law and estate cases.
  County court list the eviction cases with case # then u write down case numbers and just go back to computer at court house and research that case 2 months later and you will have facts as to whether that case was a  eviction with  a money judgement. Its actually pretty simple and most county court houses you can research free on there pc all day long. 
   For example if they are doing 30 eviction in one day write down the 30 case numbers then 2 months later come back research at court house for free to see what happened in  each case and there is your quantitative analysis.

William Bannister · Answer

In many places the  judgement for eviction followed by money action doesn't cost more.  My filing fee is 102 dollars included process service and I will gain an eviction and a judgement if I win my case. For example where I am located after obtaining my eviction, I just mail in the sheet of paper called a rent and damage report to the court  which gives me a money judgement which is entered in on my behalf, if tenants dont fight it. 80% of my cases tenants dont even show up to  the following court date. I have to adjust my damages to gain money judgement. 
   The ones that do show up fight and lose and I have never lost a case except once that I didnt show up. lol
    Over a 7 year span I was doing 5 to 7 of these a year but then it went down as I slowly transitioned to having managers handle this.
    I have reduced the dollar amount of damages on a few tenants that the case was sent to mediation after they attempted to fight the amount. I walked away both times with 3/4 of my money action intact.
   In general I dont follow up on judgments unless they really trash the place or they have a job that I could actually garnish.  I see wasted time in collecting on a judgement.  Most of the time they left the place because of lost job anyways so chasing them would be an act in futility.
   I usually get a few that pay or I garnish that in my opinion will pay me back my filing fees. If I had 10 judgement at 1000 per and I held 10k in judgement in my filing cabinet maybe the 1 that paid me back in 10 paid 1000 which would pay for filing fees on all 10 cases. Thats a rough estimate and I actually did run the numbers on this for a year or 2 out of curiosity.  
  There have been times I sat in eviction court and listened to 25 cases before my case was heard. This happened because I was unlucky and my case somehow must have made its way to the bottom of the list.
 Almost every single case the court granted eviction. Then maybe 1 or 2 the court postponed to another date for some reason.  Word to the wise if you do your own evictions. Bring your favorite book to read. I do and I get some great reading in before my case is heard.  I always sit in the front row so I can hear my name called.
   I did most of my own evictions in WI and Indiana, other states I did business in I had managers doing the duty and so I cant really comment except to say we didnt lose so the manager must have been doing there job. In WI its takes 30 days to remove them, Indiana it takes about 3 weeks.  In Tx about 30 days.
  If they show up with a lawyer they can drag it out another month sometimes  more but its rare since if they cant pay rent where is the money going to magically appear to pay the lawyer? Im sure the retainer would be at least = to the rent right? I dont know any lawyers that will work for free?

Joshua Dorkin · Answer

I agree Tim.  That said, I'm still trying to get some kind of data.

Anyone have any hard numbers for their business, area, city, or state?

Tim Delp · Answer

I think one of the issues is that many landlords choose not to seek a judgement.  When you are looking at putting out more money, time and effort to get a judgement from a dead beat tenant that couldn't pay odds are you will never get paid on the judgement unless they go to make a major purchase like a home and it is required.

From my perspective not worth the added expense of the judgement unless you have a former renter with some deep pockets thus keeping the numbers low

Joshua Dorkin · Answer

Joel - 
Thanks for the info;  I think some folks will find that helpful.

That said, the only information I'm interested in is in percentages or judgements.  I'm not concerned about the ability to collect those judgements -- I only need data on judgements v. non-judgement evictions.

Anyone else have any ideas?

Joel Owens · Answer

I think you will find the numbers vary all over the country. Some states are pro-tenant and some pro-landlord.

Also the courts in different states are founded on different principles of law so have varying views on things plus landlord tenant law and state code is different.

I can tell you from experience that collecting on a judgment is very difficult.

Usually you can sick a collection company on them, then an attorney, then you can partner up with a judgment recovery company who tell you one of 3 things.

1. They won't take the file because the former tenant is (judgment proof) which means bad credit, unstable job, job income below federal poverty lines which means you can't collect a wage garnishment or bank levy etc.

2. They can pay you an upfront fee for money today for the judgment (usually 15 to 20 cents on the dollar).

3. They can partner with you on the judgment and pay for all court filings and collection procedures to enforce the judgment and then you split the money 50/50 as it comes in. They will tell you sometimes it takes YEARS before they can collect anything substantial.

This is why I like option 2 as you get the money now and forget about it and move on and let the judgment company take the risk.

Here in Georgia you give a 3 day notice and then file with the court. Once filed the sheriff does tack and mail service. The defendant has so many days to file a response in court. If they do not file an answer the judge hear can only grant the eviction but CANNOT grant a judgment in your favor as the defendant served never filed an answer or signed the document that they were served when the Marshall came out.

The Marshall can mail and also tack on the door giving notice but if that person isn't there then you would have to bring another action in small claims court and win to get  a judgment.

Of the judgments  that are awarded either in eviction court or in small claims only maybe 10 to 15% are collected on. This is why you will hear landlords threaten judgments and court action against tenants and that will get them to pay up or move. If the tenant has a good job with income or credit to go after then it holds more weight with a tenant versus them being a bum and hopping from rental to rental to just exist.

no legal advice - hope it helps

What Percentage of Evictions Come with Financial Judgements?

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