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    mianaie's Avatar
    mianaie Posts: 3, Reputation: 1
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    #1

    Jun 12, 2012, 12:26 AM
    How would I collect payment from the defendant in a civil case?
    Long story short, I'm probably going to sue a crappy tenant. How would I collect my judgement against him? Would his wages be garnished or etc?

    The case will be held in Clark County, Nevada.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 12, 2012, 03:30 AM
    This is the Catch 22 of small claims courts or any civil judgment. Its often easy to win the case, but collecting is another matter. You will need to find where the person works and then file for a write of execution to garnish his salary and have it served on the employer. Or, if you know where he banks, you can try attaching his bank account. Again requesting a write of execution from the court.

    But you have to do the groundwork. The court will do little more than order him to pay. But they won't collect for you.
    mianaie's Avatar
    mianaie Posts: 3, Reputation: 1
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    #3

    Jun 12, 2012, 04:41 AM
    Hmm, okay. I wasn't sure if Nevada did wage garnishments of the sort or not, so this is good to know. I'm probably going to be the one actually getting this taken care of, so thanks.

    Day after eviction ex-tenant decided to "hire" someone to vandalize the house. Bad idea when you owe back rent, and we were just going to let it slide, eh?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 12, 2012, 04:57 AM
    Define eviction. Was this the day after the sheriff came and physically removed him? If so do you have proof that he hired the vandal? Were the police called?

    Yes Nevada does permit wage garnishments once a judgment is obtained: Nevada Collection Laws
    mianaie's Avatar
    mianaie Posts: 3, Reputation: 1
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    #5

    Jun 12, 2012, 05:05 AM
    We received a second nasty letter from the city, stating the house was a dump and it needed to be cleaned up or else we'd start getting fined, so we went down there in a haste and decided to just evict him. He was served eviction papers around June 5/6, with his targeted day to completely leave the house June 10th, which he did.

    We have a new tenant that we're trying to immediately move in there so the house won't be empty, and she called the police, but because she wasn't the owner they wouldn't do anything. They just told her to file a police report.

    He's kind of an idiot. He admitted to knowing the guy over the phone. Saying he's some tweaker kid who works at some pizza joint, and telling us "I don't know nothing about no broken windows." When the guy lives right next door. (He was a neighbor we rented to. He was there just out of convenience for us.) When the new tenant arrived yesterday to look at the house he (ex-tenant) had put holes in the wall that weren't there when we slightly scoped the place out on June 5/6, and the tweaker kid was in the house and spooked her. She was able to shoo him out. She left to buy a new lock for the front door, and in those few hours he vandalized the house.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 12, 2012, 05:59 AM
    Quote Originally Posted by mianaie View Post
    ...
    We have a new tenant that we're trying to immediately move in there so the house won't be empty, and she called the police, but because she wasn't the owner they wouldn't do anything. They just told her to file a police report.

    He's kind of an idiot. He admitted to knowing the guy over the phone. Saying he's some tweaker kid who works at some pizza joint, and telling us "I don't know nothing about no broken windows." When the guy lives right next door. (He was a neighbor we rented to. He was there just out of convenience for us.) When the new tenant arrived yesterday to look at the house he (ex-tenant) had put holes in the wall that weren't there when we slightly scoped the place out on June 5/6, and the tweaker kid was in the house and spooked her. She was able to shoo him out. She left to buy a new lock for the front door, and in those few hours he vandalized the house.
    Looks like a case of lazy cops - or they were too busy with more serious crimes.

    It appears from what you have written that you may have a case against the "tweaker kid", but, unless the kid will admit that the ex-tenant put him up to him, you don't have a case for vandalism against the ex-tenant. I would put more pressure on the police to do their job and prosecute the "tweaker kid". If they can get a conviction, it can include an order for restitution.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 12, 2012, 06:51 AM
    I agree with AK. I would not say anything about the tenant hiring the kid without more proof. But I would push the police to arrest and prosecute the kid. If faced with a criminal record he may give up the tenant and testify that the tenant hired him. Or you file suit against the kid (and his parents if he's a minor) for restitution.

    But this is all part of being a landlord. These are the types of things you have to deal with.
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