Aftermath of an Eviction

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Aftermath of an Eviction

Jarrod Weaver
Broker/Investor · Georgetown, TX · Member since 2011 · 249 posts · 146 votes

I suppose it is good news that my first eviction went as smoothly as it possibly could have. Unfortunately, between the unpaid rent and paint/carpet damage to the property a considerable amount of money was lost.

The eviction stemmed from a domestic split where the wife decided it was over and moved out of state and the husband couldn't afford the payment on his own. Since both of them have good jobs and broke the lease due to bad choices I would like to file a judgement against them both to try and recoup the loss.

Does anyone have experience they can share regarding the steps needed to get a legal judgement against them in Texas?

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Ben Leybovich
Rental Property Investor · Phoenix/Lima, Arizona/OH · Member since 2012 · 4k+ posts · 4k+ votes
11y

Mmove on :)  You won't get the money.  And you've got bigger fish to fry.  And, they've got bigger problems - it's biblical.  Move on :)

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  • Curt DavisBusiness Member
    Flipper/Rehabber · Memphis, TN · Member since 2008 · 5k+ posts · 2k+ votes
    11y

    You should get with an eviction attorney, this is what they do. 

    Curt Davis - KAIZEN Realty538 Reviews
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  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    11y

    @Jarrod Weaver 

    Did the eviction go all the way to court ?  If so, you should have received a judgment for unpaid rent through that day.  For $5, you can get an Abstract of Judgment from the court and file in the county

    For other damages and lost rent and such you will need to file a small claims action.  Keeping in mind that in Texas it is very difficult to collect a judgment as no garnishment is permitted. 

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  • Guy Gimenez
    Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
    11y

    I got a judgment against an agent and it's been sitting in the public records for years now. I don't want to discourage you, but a judgement is merely a piece of paper that garners little attention in the real world and if the tenants have nothing, that's probably what you'll end up with. 

    If you wish to spend the small amount off money to pursue it, file a small claims suit against the tenants. Assuming you prevail, you can seek a judgment thereafter and then pay the fee to file the judgment in the public records. Just don't hold your breath waiting on payment as it's more of an exercise in futility. 

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  • Jarrod Weaver
    OP
    Broker/Investor · Georgetown, TX · Member since 2011 · 249 posts · 146 votes
    11y

    No, the action did not go all the way to the court. After delivering the 3-Day notice the remaining party moved out without further incident.

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  • Kyle J.
    Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    11y

    As others have mentioned, getting - and collecting - on a judgment are two different things.

    Methods of collecting on a judgment vary by state, but can include garnishing wages, levying bank accounts, putting a lien on personal or real property, etc. 

    Also, whether or not you actually have a formal judgment for money, you could always turn them over to collections and have the debt reported on their credit report with a service such as this one: Debt Reporting Service

    That might motivate them to pay you, especially if they care about their credit or have hopes of buying a home in the future.

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  • Bryan N.
    Investor · Hampton Roads, VA · Member since 2014 · 1k+ posts · 418 votes
    11y

    @Kyle J. 

    I didn't see a fee for their service.  Have you used the service or any experiences? I'm inquiring in case I ever need it.  

    Thanks 

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  • Kyle J.
    Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    11y
    Originally posted by @Bryan N.:

    @Kyle J. 

    I didn't see a fee for their service.  Have you used the service or any experiences? I'm inquiring in case I ever need it.  

    Thanks 

    Bryan N. - I believe the fee is $12.95. Haven't had to use it yet myself, but I like the idea and plan to give it a try when/if one of my tenants leave owing me money. 

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  • Ben Leybovich
    Rental Property Investor · Phoenix/Lima, Arizona/OH · Member since 2012 · 4k+ posts · 4k+ votes
    11y

    Mmove on :)  You won't get the money.  And you've got bigger fish to fry.  And, they've got bigger problems - it's biblical.  Move on :)

    1Reply
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