Do I need a judgement to hire a Debt Collection agency

Do I need a judgement to hire a Debt Collection agency

Los Angeles, CA · Member since 2017 · 37 posts · 12 votes

Hi all,

I have an ex-tenant that owes back rent and damages after they left that the security deposit doesn't cover.
I read some forums here and am getting some mixed signals on the process of collecting debt.

The way I read it is you can just go to a debt agency with in my case the signed lease and also the security deposit transmittal showing what's owed and the collections agency can legally take it from there. Am I correct in that or do I need to go to court and get a judgement first?

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Contractor · Nashville, TN · Member since 2014 · 1k+ posts · 1k+ votes
3y

I imagine anyone can collect debt from anyone.

but you'll need judgment to get tools for debt collector to use like wage garnishment.

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  • Contractor · Nashville, TN · Member since 2014 · 1k+ posts · 1k+ votes
    3y

    I imagine anyone can collect debt from anyone.

    but you'll need judgment to get tools for debt collector to use like wage garnishment.

  • Real Estate Broker · Atlanta, GA · Member since 2019 · 34 posts · 23 votes
    3y

    be careful as in many States, like Atlanta, you can use the tenant security deposit to solve back rent issues.   If you have back rent, take the person to court and get a judgement and garnishment of wages.  It's the only path other than calling a bunch.

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    The collection agency will file to obtain the judgment if you do not have one already. They need a judgment to accomplish much typically.
  • VA · Member since 2023 · 14 posts · 7 votes
    2y

    I am thinking of doing the same thing with my former tenants. I already have an eviction judgement against them.

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