 Pursue out of state ELT (by NE [PA]) Sep 11, 2016 11:35 AM
 (by Jim in O C [CA]) Sep 11, 2016 11:46 AM
(by NE [PA]) Sep 11, 2016 11:54 AM
(by Ken [NY]) Sep 11, 2016 1:03 PM
(by NE [PA]) Sep 11, 2016 1:21 PM
(by cjl [NY]) Sep 11, 2016 1:28 PM
(by NE [PA]) Sep 11, 2016 1:30 PM
(by Ed [PA]) Sep 11, 2016 3:03 PM
(by Sisco [MO]) Sep 11, 2016 3:34 PM
(by Vee [OH]) Sep 11, 2016 4:54 PM
(by Kyle [IN]) Sep 11, 2016 5:00 PM
(by Ed [PA]) Sep 11, 2016 5:41 PM
(by Laura [MD]) Sep 15, 2016 4:21 PM
(by Ray-N-Pa [PA]) Sep 15, 2016 7:04 PM
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Pursue out of state ELT (by NE [PA]) Sep 11, 2016 11:35 AM
Message:
I had a tenant 1.5 months into a lease give me a week and a half notice that they were moving back out of state. ( was supposed to be here long term with industry, not sure what happened)
Rent is paid to date. I have security to charge towards ELT.
Any ideas on how to collect ELT out of state?
I will be sending a series of 3 bills to the tenant as I always do when I'm owed money.
I am considering the debt collection product offered through this site. I think it's "report tenant debt" or something like that.
I'm well aware that this is a "getting blood out of a rock" situation, but I'm going to pursue it for the experience.
If I had to serve this tenant out of state (New Mexico) for a civil suit here in Pa, how would I do that?
It's $500-$600 bucks he's going to owe, so not major. It's a timid landlord skinny kid issue to me.
--174.201.x.xxx |
Pursue out of state ELT (by Jim in O C [CA]) Sep 11, 2016 11:46 AM
Message:
I'm not lawyer but if you can get him served and cause him to appear and he does not you might be able to get a default judgment and that will hang around for some years. In California we can renew for another 10 years. Someday that judgment will get paid because he's going to need a clean credit record.
I had a business judgment and the debtor had to pay after eight years before he could get a home loan. I was able to collect interest for those eight years. --108.89.xxx.xxx |
Pursue out of state ELT (by NE [PA]) Sep 11, 2016 11:54 AM
Message:
Jim in OC, that's kind of what I'm thinking. The guy screened well and I am thinking he's trying to pull a fast one.
My guess he is going to cough up the dough versus having a judgement & it's highly unlikely that he'll come all the way back to PA to fight it. --74.37.x.xxx |
Pursue out of state ELT (by Ken [NY]) Sep 11, 2016 1:03 PM
Message:
Small claims needs to be filed where he lives not where the house he lived in was.Do you have anything in your lease that says you can serve a friend or family member local and use that as the address to serve him for small claims? --24.25.xxx.xxx |
Pursue out of state ELT (by NE [PA]) Sep 11, 2016 1:21 PM
Message:
All his family (as far as I know), is from New Mexico. His neighbor in the other half of my duplex is from New Mexico as well. He is staying on. --74.37.xx.xxx |
Pursue out of state ELT (by cjl [NY]) Sep 11, 2016 1:28 PM
Message:
Yeah ... what Ken said - you will technically need to sue the tenant where they currently reside not where they did. Unless of course, you do it now but that's going to be kind of tough since he's paid Sept and is gone already?
Unless he isn't gone - then GET ON IT NOW!!! --69.201.xx.xxx |
Pursue out of state ELT (by NE [PA]) Sep 11, 2016 1:30 PM
Message:
Yes, he's gone. --74.37.xx.xxx |
Pursue out of state ELT (by Ed [PA]) Sep 11, 2016 3:03 PM
Message:
For collecting debt out of state I feel the best way is debt collection agency. You don't need to throw money to get a judgement or pay to register it with the prothonotary.
In my early days I had a case where the tenant left me with $6K in damages and skipped state. I went to the magistrate and got a judgement for everything I asked for and registered that judgement with the prothonotary. The prothonotary in PA does put judgements against the credit report. PA sheriff has no jurisdiction out of state. As I tried to go further i.e. force collection myself, I found that Oklahoma like most states does not have a reciprocity agreement with PA. To get the judgement registered in OK I needed to hire a lawyer licensed to work in that state, have the lawyer take it to an OK court to plead to register it as a judgement in OK - not a slam dunk by the way - then I needed to follow OK collection procedures. To top everything else off my $6K judgement was to small to make it worth a lawyers time for collecting. --108.32.xx.xxx |
Pursue out of state ELT (by Sisco [MO]) Sep 11, 2016 3:34 PM
Message:
If resident failed to provide you with his new address, then send to his last known address.
Sounds like a good chance that reporting his debts to credit bureaus will cause him to desire to pay in order to clear his record. --72.172.xxx.xx |
Pursue out of state ELT (by Vee [OH]) Sep 11, 2016 4:54 PM
Message:
Serve at last known address (you know the dribble here), the forwarded mail will cost a couple bux when you include in larger/bold type -return service requested-, this is what shows on most credit card mailings you get now she/he may choose an atty local who will be able to do much with an existing judgement except trying to stretch out a payment plan - stick with 45 days max, those payment plans yield skinny kids. --76.188.xxx.xxx |
Pursue out of state ELT (by Kyle [IN]) Sep 11, 2016 5:00 PM
Message:
I had a tenant move out of state after failing to pay the ELT. I filed in small claims locally with the out of state address listed. The court sent the notice of claim certified and the former tenant signed for it. The tenant did not come to court and I got a default judgment. The tenant has been making small payments towards the judgment for over a year now.
If they don't sign for the certified mail, my court will accept signature service from any public carrier (UPS, FedEx, USPS). I have sent a signature required box with the notice of claim in it and gotten service that way. Also, you can hire a process server or, in most places, pay for civil sheriff service.
As Ed described, even with a judgment, out of state collections can be very difficult. Some out of state employers will honor a garnishment order, some won't. To get a garnishment order in their state, you have to domesticate the judgment and follow the local collection laws.
For a small amount, I wouldn't put a lot of money into court and collection costs. Try out the service on this site and see if it works. I think it is $12 + 33% of what they collect. I have been considering trying it on a smaller balance instead of pursuing a judgment. Let us know how it turns out. --73.146.xxx.xxx |
Pursue out of state ELT (by Ed [PA]) Sep 11, 2016 5:41 PM
Message:
In PA small claims is filed where the rental property is located. --108.32.xx.xxx |
Pursue out of state ELT (by Laura [MD]) Sep 15, 2016 4:21 PM
Message:
You can hire a process server anywhere. So goggle process servers in New Mexico (I assume you have the new address). Get him served and go to court. Hopefully he will not show up, making your winning even easier! Then you can collect interest for XXXX period of time. Then turn it over to a collection agency. They will track him down! --71.15.xxx.xx |
Pursue out of state ELT (by Ray-N-Pa [PA]) Sep 15, 2016 7:04 PM
Message:
You can chase them down using a skip trace. If they are with the same company wage garnishment is an option......but these routes take time and money. I am a bit lazy to be honest to do too much if they are a pain to track down.
Why toss too much good money at bad money --24.239.xx.xxx |
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