View Full Version : How to pursue small claims judgement against a landlord who refuse to pay
sparklejone
Jun 28, 2008, 05:27 AM
Hello all,
I need help to pursue a landlord I won a judgement on. I recently sued a landlord who rented me a house that was infested with mold. I won the case and now the landlord won't pay up. The landlord is a real estate broker with her own real estate company. I want to know if I can stick it to her hard with any liens on license, accounts, etch. :mad: This case was already very time consuming. Now I have to pursue her like a collection agency. Some please help! What can I do to get my money from this person
George_1950
Jun 28, 2008, 05:33 AM
Welcome to AMHD. Have the judgment recorded in the county courthouse, which should give you a lien against all the debor's real and personal property. Just curious: is your judgment against an individual ("Jane Doe") or a corporation ("Bad Girl, Inc."). Remember to follow the law of your jurisdiction. And good luck!
Tips for Collecting Your Judgment (http://www.nolo.com/article.cfm/objectId/C45C321B-6B04-4C94-B0C9D918B3ED5F53/104/308/191/CHK/)
JudyKayTee
Jun 28, 2008, 06:08 AM
Hello all,
I need help to pursue a landlord I won a judgement on. I recently sued a landlord who rented me a house that was infested with mold. I won the case and now the landlord won't pay up. The landlord is a real estate broker with her own real estate company. I want to know if I can stick it to her hard with any liens on license, accounts, etch. :mad: This case was already very time consuming. Now I have to pursue her like a collection agency. Some please help! What can I do to get my money from this person
Well, I don't know if you can "stick it to her" but you can collect your Judgment. And, no, you can't lien against her license. You, of course, can report her to the Licensing Board. (You refer to "her" so I am assuming the Judgment is against an individual.)
Your best bet is to lien against bank accounts but you have to locate that information yourself. The Judgment is often the easy part of the procedure; collecting is the hard part.
Was this a Small Claims Court Judgment?
sparklejone
Jun 29, 2008, 06:22 AM
Yes this was a small claims court and the person is an individual but has a high-end realty company
George_1950
Jun 29, 2008, 06:42 AM
Just recording the judgment should adversely impact her credit report; if your state allows for garnishment of band accounts, you need to find out where she banks, individually.
excon
Jun 29, 2008, 07:43 AM
Hello sparkl:
In MY jurisdiction, one needs to obtain a "writ of execution". I file for it in the same court that awarded the judgment. In other jurisdictions its called something else or you don't even need one.
WITH the writ in hand, I visit the Constable who will serve the writ. In other jurisdictions, the Bailiff, or the Sheriff is the one who does that stuff. The clerk of the court should be a big help to you.
Of course, the Constable needs to know WHO and WHERE to execute the judgment. He's not going to do the research. Therefore, you need to tell them WHERE the bank account is located, where his/her employment is (if any), and where any other assets that can be levied upon are located.
Hopefully, you know that stuff. Certainly, if you paid her/him by check, the back of the check will have the name of the bank where she deposited it. I don't know. I absolutely would send the officer to her place of employment. They don't like it when a cop with a gun on his hip waltzes in, and starts talking about judgments.
This is the one time, these guys can work for you. Let 'em.
excon