View Full Version : We sued our landlord and won. How do we get him to pay?
chaz7953
Jan 5, 2012, 05:58 PM
We sued our landlord for improper withholding of our security deposit (he kept 1200 for a lock I installed on the back fence, claiming the whole fence needed to be replaced) The judge ruled in our favor and granted us treble damages. Its been almost a year now and he hasn't paid anything. The property is in his and his brothers name however the landlord/tenant contract was just with him. The local sheriff says that he does not own any assets in the area when I can find his name on this property listing. Is it because its owned by him and his brother? If so what do I do now?
Any Advice would be greatly appreciated because I have no idea what to do at this point.
Also this property is in South Carolina if that helps with the certain laws in each state.
ScottGem
Jan 5, 2012, 06:44 PM
This is the Catch22 of winning a judgment. Often winning your case is easier than collecting.
As long as he is listed as a part owner on the property, you can have a lien placed on the property. But your best bet is to find where he banks. Did you pay your rent by check? Get a copy of your cancelled checks and you will know where he banked. Of course he may no longer bank there,
So a trick would be to have a friend mail him a small check. Greedy guy like that may deposit it and that may give you the info. Another idea is, if he has rented the property again, is asking or subpeoning the new tenants cancelled checks.
You could also go back and have the judge issue a subpoena for his financial records.
ballengerb1
Jan 5, 2012, 08:00 PM
If you sued him in court you or someone knew exactly where he could be served, right?
Fr_Chuck
Jan 5, 2012, 08:56 PM
Welcome to the wonderful world of winning a judgement, most are never collected.
If he works you find out where he works and try to get a garnishment.
If you gave him checks, look at the checks and see where he deposited the money, Then get an garnishment ( attachment) for money in the bank.
I feel you could still get a lien on the property, since it was the property being rented, and even if only he was the landlord, the other brother by being part owner of the property was also the landlord. ( reallly should have included him in the law suit as owner)
But if you put a lien on the property, that does not get you any money, just a lien, that will only give you money if they ever sell the property.
AK lawyer
Jan 5, 2012, 10:34 PM
... The property is in his and his brothers name however the landlord/tenant contract was just with him. ...
Are there other tenants still paying rent? Consider garnishing their rent checks.