All Forum Posts by: Ronald Rohde

@Ronald Rohde. Thanks for the input and correction.  Does your statement mean it's possible / probable the Owner could file for Garnishment and collect from wages if the sum is less than $10,000 allowed in Texas JP Courts? 

@Harsh Singh.  YOU CAN DO THIS YOURSELF - DO NOT NEED AN ATTORNEY!
 

YES - Texas has very Landlord Friendly Laws. 

Your best option is to take the matter to Justice Of The Peace (JP) Court in the JP District in which the property is located. Make a Claim for whatever rent is owed, and any damages to the property. Most likely the JP will allow you the back rent and damages. Some will allow you to add Late Penalties, others won't. Total amount of Claim CAN NOT Exceed $10,000.00. 

You can Sue Tenant(s) for the Monies owed. JP will most likely issue a Default Judgement in your favor. You can record the Judgement in County records and file with Credit Bureaus - Not sure how to do the filing with Credit Bureaus. Constable will serve the Notice of Suit, if you can tell Constable where to find the person(s). Constable will probably make 1-2 attempts at Service, and that's it! It's a Civil Matter, so NO real out of ordinary action will be taken to serve the civil suit. Your real difficulty will be in collecting anything from the Tenant. Don't think Texas law allows you to Garnishee Wages for payment of Back Rent.(I Could be Wrong!!) . 

If you file with County Records and credit bureaus, and you're lucky, one day in future, the person(s) will attempt to buy property, auto, etc, and the judgement will show up on their file. At which time they may need to clear it up before can proceed with the purchase. And, if you're luck you may finally, receive some of the Monies owed.  

Best Action is put your property on the market and get it rented again.

NOT LEGAL ADVICE!!

Thanks everyone for the awesone advice. I really appreciate it. Ill let everyone know how it goes. BTW closing soon on our first property for a flip. Looks good. First one is the most important right!!!

Thank you everyone for the responses! It does help me sort out things as I weigh out my options.