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liza32273 · Jun 12, 2007, 04:59 AM

Hi all.. heres my question.. After going to court and winning my case against landlord and getting double my security awarded, how do I now retrieve my money.. he told me he still isn't going to pay me because it is not enforceable. Can I petition courts to have a sheriffs sale? Put a lien on his house? Bank account? HELP! What is a tenant to do?:confused:
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excon · Jun 12, 2007, 05:09 AM

Hello liza:

Go back to the court and apply or move the court to order a writ of execution or an execution of judgment. I don't know what your court calls it. Then take it to either the sheriff or the constable or the bailiff (whomever is designated in your country to do civil service). Tell them where his bank is and watch 'em do their work.

excon

PS> Lien on his house?? Nahh.

ScottGem · Jun 12, 2007, 06:00 AM

The landlord may think its unenforceable because he's judgement proof. Did you pay your rent by check? If so, get out a couple of your canceled checks and see where he cashed them. That might give you info about his bank account. You can then get an order of attachment from the court that awarded you judgement and serve it on the bank.

But this is the Catch 22 of obtaining a judgement. Getting the judgement is often the easy part, collecting is another matter. The court doesn't force the loser to pay. The winner has to find assets of the loser they can attach. Does the landlord work? Do you know where? If so, you can garnish his salary.

liza32273 · Jun 12, 2007, 05:25 PM

Thanks for the replies, but he is very sneaky... he has been signing over the rent checks to his mother, boyfriend, or cashing them at my bank. I only moved in there of Feb. of this year, and the borough made me move because he was violating the zoning laws by living in my basement! So off to court we go.. no does not work, I was told he receives disability... there are a couple of vehicles on his property, but I have no idea how to find out if they are his... he claims to have no vehicle either. Apparently this is what he does for a living:mad:.. a real scam artist. He knows how to hide his assets. He says he knows the law and I won't get a dime from him. Im beginning to think he's right. It's a shame, because I am a single mom of 3 young kids and he knows how hard it was for me to come up with that money. Any suggestions would be great.

ScottGem · Jun 12, 2007, 06:16 PM

Its obvious he knows how to play the system and that's only going to make it harder for you. You can try hiring a collection agency who knows the tricks and may be able to ferret out where he banks. They probably won't charge you unless they collect, but they will take a big chunk of whatever they collect.

You can try going back to the court that awarded the judgement and ask for whatever help they can give. They might require that he complete a statement of assets, but they won't check it for you. However, if you can prove he lied, they may arrest him for perjury.

You should be able to file a lien against the property, but that will only help you if he tries to sell it.

Sorry I can't be of much help, good luck and keep us posted.

Fr_Chuck · Jun 12, 2007, 06:16 PM

Yes, this is one of the hardest part of getting your money, many people have a idea as soon as you get a judgement, people just write a check,
Truth is, most don't, and you can not get your money often.

If he does not have a bank account, if he does not have the property in his name, often there is little that can be done. But your problem now is to find what he owns, find his money.