Ever not file? (by NE [PA]) Sep 21, 2018 5:06 AM
Ever not file? (by LindaJ [NY]) Sep 21, 2018 5:10 AM
Ever not file? (by WMH [NC]) Sep 21, 2018 5:20 AM
Ever not file? (by Laura [MD]) Sep 21, 2018 5:21 AM
Ever not file? (by myob [GA]) Sep 21, 2018 5:36 AM
Ever not file? (by NE [PA]) Sep 21, 2018 5:41 AM
Ever not file? (by S i d [MO]) Sep 21, 2018 5:42 AM
Ever not file? (by Nicole [PA]) Sep 21, 2018 5:43 AM
Ever not file? (by Nicole [PA]) Sep 21, 2018 5:46 AM
Ever not file? (by NE [PA]) Sep 21, 2018 5:49 AM
Ever not file? (by NE [PA]) Sep 21, 2018 5:50 AM
Ever not file? (by fred [CA]) Sep 21, 2018 5:50 AM
Ever not file? (by bet [MA]) Sep 21, 2018 5:54 AM
Ever not file? (by Nicole [PA]) Sep 21, 2018 6:09 AM
Ever not file? (by plenty [MO]) Sep 21, 2018 6:34 AM
Ever not file? (by Sisco [MO]) Sep 21, 2018 6:39 AM
Ever not file? (by Robert J [CA]) Sep 21, 2018 7:06 AM
Ever not file? (by AllyM [NJ]) Sep 21, 2018 8:16 AM
Ever not file? (by Tom [FL]) Sep 21, 2018 9:31 AM
Ever not file? (by Vee [OH]) Sep 21, 2018 9:51 AM
Ever not file? (by Oregon Woodsmoke [ID]) Sep 21, 2018 10:09 AM
Ever not file? (by Lynda [TX]) Sep 21, 2018 11:33 AM
Ever not file? (by rentON [PA]) Sep 21, 2018 11:51 AM
Ever not file? (by myob [GA]) Sep 21, 2018 11:59 AM
Ever not file? (by DannyC [MO]) Sep 21, 2018 12:07 PM
Ever not file? (by BRAD 20,000 [IN]) Sep 21, 2018 10:20 PM
Ever not file? (by George [NJ]) Sep 22, 2018 12:24 AM
Ever not file? (by Nicole [PA]) Sep 22, 2018 6:10 AM
Ever not file? (by elliot [RI]) Sep 22, 2018 6:27 AM
Ever not file? (by Jon S [PA]) Sep 22, 2018 12:12 PM
Ever not file? (by BRAD 20,000 [IN]) Sep 23, 2018 11:02 PM
Ever not file? (by myob [GA]) Sep 24, 2018 3:37 AM
Ever not file? (by Nicole [PA]) Sep 24, 2018 5:36 AM
Ever not file? (by Nicole [PA]) Sep 24, 2018 5:43 AM
Ever not file? (by myob [GA]) Sep 30, 2018 4:42 AM
Ever not file? (by WMH [NC]) Sep 30, 2018 5:26 AM
Ever not file? (by Nicole [PA]) Sep 30, 2018 7:05 AM
Ever not file? (by NE [PA]) Posted on: Sep 21, 2018 5:06 AM Message:
I have an inherited tenant in one of my buildings. There is no way, no how she would ever pass any of my screening. She has evictions before me and arrests, even though those are minor. I am in the process of evicting her now (surprise) I won the hearing and have filed for order of possession.
The eviction is for August rent. She still owes September and I would have to file civilly for this. Is it worth even doing it? I just have a feeling that this woman lives from one disaster to the next and most likely I'm never going to get paid. So I don't even know in this case if it's worth my time or money to do this. What would you do? --74.37.xx.xx |
Ever not file? (by LindaJ [NY]) Posted on: Sep 21, 2018 5:10 AM Message:
Sometimes it is just better to cut your losses, walk away and get on with it. I have let that happen. Yes, someday they may win the lottery and I have a judgement against them. But I have made the decision it isn't worth my time or effort and walked away. Focus on lessons learned and fix the place and get it rented again.
I can also say, that I thought I had a pretty good case against someone and the judge ruled other wise. So that now figures in my mind. --108.44.xx.xx |
Ever not file? (by WMH [NC]) Posted on: Sep 21, 2018 5:20 AM Message:
In NC it costs $125 to file on one person with little likelihood they will ever pay and no garnishment possible. It doesn't even show up in their record as NC does not publish that info online, you have to go county by county, physically searching the records. So very little point... --50.82.xxx.xx |
Ever not file? (by Laura [MD]) Posted on: Sep 21, 2018 5:21 AM Message:
I am of the philosophy you always file & get the judgement.
For a couple of reasons:
- Could be surprised down the road
- Could sell the judgement. I always get letter from folks wanting to buy my judgements.
- Can write the judgement off on your taxes
My thoughts. --108.51.xxx.xxx |
Ever not file? (by myob [GA]) Posted on: Sep 21, 2018 5:36 AM Message:
Have to ask. When sept 1 rolled around-- and you hadn't had your case heard (if that's the case) why didn't you proceed to amending the current case for August?
I would not proceed on Sept rent claim until I got home back-- than bundle Sept (or sept and Oct) with damages costs. I would not refile the original case. Let that stay seperate.
Work it (the august case) keep the NEW case in your hip pocket for now-- see what develops. --99.103.xxx.xxx |
Ever not file? (by NE [PA]) Posted on: Sep 21, 2018 5:41 AM Message:
The August case was heard on the 29th. If I filed civilly on her, I would do it this week and include Octobers rent in that suit. Because I wouldn't be heard until sometime in October. --174.201.xx.xxx |
Ever not file? (by S i d [MO]) Posted on: Sep 21, 2018 5:42 AM Message:
To answer your question directly, no I wouldn't worry about Sept rent at this point if you've already been to court and she's not the type to have steady employment. That's just throwing good time and money after bad.
I time my filings precisely (Day 7 after rent is late), which has always (with one exception) gotten me a court date on the 2nd or 3rd day after the next rent installment is due. So we simply amend the judgment request to get awarded two rent months. By getting this double amount and late fees, it helps with the collection fees that my court doesn't allow me to add on and also helps cover any trash/out damages once they actually leave since it's not worth it to try to drag them back into court again for further damage awards.
One time my courts were speedier than normal, so our court date fell on the 29th. *Sigh...should've waited 2 more days to file. --173.20.xxx.xxx |
Ever not file? (by Nicole [PA]) Posted on: Sep 21, 2018 5:43 AM Message:
not worth it. You would need personal service. when you filled out the complaint, didn't you check the box that says "additional rent due on hearing date"? that should have gotten you September. --72.70.xxx.x |
Ever not file? (by Nicole [PA]) Posted on: Sep 21, 2018 5:46 AM Message:
I see the hearing was in August.
she should be out today if your hearing was the 29th --72.70.xxx.x |
Ever not file? (by NE [PA]) Posted on: Sep 21, 2018 5:49 AM Message:
Nicole, they said that they don't do personal service for this, they just mail it out. That appeared to be the case when I filed a civilly against a guy back in January. They just mailed it to the address he gave me when he moved. I had the hearing, he never showed, I won. I'm not sure what box you're talking about. That doesn't jar my memory. --174.201.xx.xxx |
Ever not file? (by NE [PA]) Posted on: Sep 21, 2018 5:50 AM Message:
She's not out today, they weren't counting the weekends as part of their timeline for her to appeal. I think the secretaries do a little bit of stuff their own way there. --174.201.xx.xxx |
Ever not file? (by fred [CA]) Posted on: Sep 21, 2018 5:50 AM Message:
Another vote to cut you losses and move on. --99.59.x.xxx |
Ever not file? (by bet [MA]) Posted on: Sep 21, 2018 5:54 AM Message:
I agreed with Linda. I like to get them out ASAP and move on with my business. There are so many past bad tenants that I barely remember their names. Put your resources in making more money elsewhere that doesn't raise your blood pressure. --108.20.xxx.xxx |
Ever not file? (by Nicole [PA]) Posted on: Sep 21, 2018 6:09 AM Message:
when they mail it, it is certified. if they don't pick it up, the constable then must find them for personal service.
here, they only count a weekend of that's the final day - then they move it forward to the next business day. so Saturday and Sunday are in the 10 day count. I always ask the magistrate what the actual date is when she says "10 days" ... that way tenants and I both hear a specific date.... can't remember when I started doing that years ago or why ... probably something along your situation where I thought one thing and something else happened.
I also ALWAYS restate to the magistrate at the end if I need the extra box checked on her judgment to put them out, even if they pay.
--72.70.xxx.x |
Ever not file? (by plenty [MO]) Posted on: Sep 21, 2018 6:34 AM Message:
Work smarter not harder. --66.87.xxx.x |
Ever not file? (by Sisco [MO]) Posted on: Sep 21, 2018 6:39 AM Message:
Up until 4 years ago, I did not attempt to collect my judgements. I was solely focused on getting the non payer out. I thought that I would be wasting time and money trying to collect.
Reading this forum convinced me to try, and I soon found it is definitely worth the effort to attempt collections.
The money adds up, the process of collections sharpens my screening. --72.172.xxx.xx |
Ever not file? (by Robert J [CA]) Posted on: Sep 21, 2018 7:06 AM Message:
My last tenant that I inherited when buying a multi-family building was always late on their rent. It was a pain in the behind because they wouldn't mail me the rent, I'd have to pick it up.
So I finally had it. I told the tenant that I wanted them to sign a new application so I could run their credit and background information. They complied. Their credit wasn't so bad. They had no outstanding balances. No collection. They why were they always late with the rent? It was because their money was tied up in a long term hi-yield CD, and they had to wait until their Social Security check cleared before paying the rent.
So I agreed to pay their early termination fee on their CD to cover the rent, it was like six months worth of interest, or $15. Now they had the money to pay the rent on time. --47.156.xx.xx |
Ever not file? (by AllyM [NJ]) Posted on: Sep 21, 2018 8:16 AM Message:
I would let her know if she left now you would not charge her for September so that she will have money for a deposit for another apartment. --73.178.xxx.xx |
Ever not file? (by Tom [FL]) Posted on: Sep 21, 2018 9:31 AM Message:
My problem was I was throwing good money at a bad situations running after the deadbeat with a judgement, collections, etc. So once they were out I did not waste anymore time with the deadbeat that was gone.
I focus on the present tenant and waste no more time on former deadbeats since I wrote them off on my taxes they are history; done and finished with them.
I am sure some of the Landlords on this site have recovered money from deadbeats but I am not waiting for that extremely remote chance that deadbeat tenant will get a major amount of money in the future. And maybe I should have pursued it but its done and written off onto the next tenant!!!
--99.56.xx.xx |
Ever not file? (by Vee [OH]) Posted on: Sep 21, 2018 9:51 AM Message:
A lot depends on the filing costs, for me it is 15 for 1 garnishment and 35 for unlimited, stays open 7 years so if there is lottery winnings I get 30 percent before going to the old tenant. --76.188.xxx.xx |
Ever not file? (by Oregon Woodsmoke [ID]) Posted on: Sep 21, 2018 10:09 AM Message:
I'd file. Then make sure the judgement gets filed.
Warn future landlords on down the line. I might never get the tenant to pay, but it is wOrth the $125 filing fee for me to make the tenant's life a bit more difficult. --174.216.x.xx |
Ever not file? (by Lynda [TX]) Posted on: Sep 21, 2018 11:33 AM Message:
I am surprised to see so many responses to let it go. Usually the majority of LLs here advise to get the judgement. Often I am the lone voice saying "don't throw good money after bad." I almost never evict. So far I have managed to find away to either get the rent or get tenants out. I have gone thru phases and used new ideas that have worked for some--and not for others. Taking late rent with late fees is one that works for me. Putting tenants on pay-back plans works sometimes. Just talking to the people works sometimes. Helping tenants find a cheaper place works sometimes. Paying for the moving truck or POD works sometimes.
I find sending a letter with several choices along with the P/Q shows tenants that they really do have some choices when they think they are cornered. Cornered people, like animals, will lash out--damage the property--or just get vicious and blame the LL for all their problems. If you become someone who helps solve rather than the object of their hate it will ease the worst type of problem. I have called the police on any violent issue more than once(and gotten that report) and asked the police to advise them to move on--or the next time it is jail. That worked twice (I lucked out) but I'd hate to use it again.
All in all, I've only followed all the way thru in 18 years on *2* evictions (1 in TX and 1 in our house in FL). I won both but hated the whole process, and find ways to avoid it.
Yes, many of them I just let it go--and tightened up screening. I learned something from each situation, and now I am 6 years straight w/o a non-payer or a hold-over, or any type of problem. I "positive-think" like crazy! This is what works for me. --108.87.xx.xxx |
Ever not file? (by rentON [PA]) Posted on: Sep 21, 2018 11:51 AM Message:
Save the filing fees and just place the delinquent balance with a collection agency that also reports debts to the credit reporting agencies. I haven't collected anything on these accounts yet but usually feel better after placing the debt. --67.165.xx.xx |
Ever not file? (by myob [GA]) Posted on: Sep 21, 2018 11:59 AM Message:
here in GA if you haven't gone to court for the dispo and the next rent becomes due-- you have to send in an affidavit signed and notarized to the court that notice of amendment has been sent to tenant. Than judge amends case in open court. Has worked for us each time.
Again remainder of contract rent and damages are a separate case and can only be calculated when you get property back and then re-rented. --99.103.xxx.xxx |
Ever not file? (by DannyC [MO]) Posted on: Sep 21, 2018 12:07 PM Message:
In answer to your question no. That being said that is why I have a collection agency I work with. In this case I hand the whole file over to them (judgment and anything else due after move out). It cost me nothing till they collect, they get 30 percent, and they do all the leg work. If they feel a civil judgment in the future makes sense after they have exhausted all their normal options they will suggest and handle. --107.77.xxx.xxx |
Ever not file? (by BRAD 20,000 [IN]) Posted on: Sep 21, 2018 10:20 PM Message:
NE,
We ALWAYS file. Always. On every one.
We are amazed at home many actually pay off, maybe years from now, ut not unusual for us to get a $1500 check in the mail from someone long forgotten.
Plus interest accumulates on the judgment amount. We’ve had people pay almost as much in interest as the original judgment.
Yes some are a measly $15, even $10 a month but we bring in a PILE of those checks. More than what some people make working full time.
It’s another profit center, for us more income than buying another couple of houses.
With a little organization and the great info now available on Facebook, followin* up (hounding!) collections is easy.
With cooperation of the court scheduler we have the non-payers come in at the same time. Next week we have 15 coming in. We’ll spend one hour there and reactivate probably 8 garnishments. We work with them in the hall. Very few want to see the judge.
With ZT our judgments are much smaller and significantly fewer.
BRAD --68.50.xxx.xxx |
Ever not file? (by George [NJ]) Posted on: Sep 22, 2018 12:24 AM Message:
File. I collected almost $3K in over two years garnishment because I decided to not let money slip through my fingers. I will never not file ever again. When I think of all the money that I let slip away back in the beginning, over 25 years ago, it makes me sick. --71.53.xxx.xxx |
Ever not file? (by Nicole [PA]) Posted on: Sep 22, 2018 6:10 AM Message:
Garnishment is not cheap, quick or easy in Pennsylvania. Off the top of my head -
Defendant must have been personally served or shown up in court. I'd guess that eliminates more than 50% of the deadbeat tenants most of us file against.
Defendant must work at a decent paying job (they use some government formula regarding poverty level threshold) before you can collect anything.
They must work long term at their job because if they move around or move on, you start over.
I've collected on one wage garnishment in all my years ... he worked at the same place for maybe 15 years and I knew he wasn't going to quit. Because of all the child support he paid, I didn't collect the first time I filed. Later, two of his babies mamas had dropped their claims (he got back together with one - no idea why on the other) but he then was over the level and I could collect. --72.70.xxx.x |
Ever not file? (by elliot [RI]) Posted on: Sep 22, 2018 6:27 AM Message:
It seems the garnishing part of the business is also very state specific.
I went through my years judgement collected.. The first hurdle is to be able to serve them, like Nicole - PA said.
I tried all the tricks in the sleeve learned here and conference.. Haven't had luck with locating any of them..
In the case of NE described, or some of my deadbeats who are generationally poor on welfare in C-D properties, I write them off as cost of doing business.
Just evicted one who works at family dollar, mother is on sec8, grandmother is crack head..
If I only take garnishable tenants, then my vacancy will go through roof and lose money that end.. It's like credit card company dealing with people with marginal credit. --71.232.xxx.xxx |
Ever not file? (by Jon S [PA]) Posted on: Sep 22, 2018 12:12 PM Message:
NE,
You already knew the answer. Let it go. You'll never get it and it'll only cost you additional filing fees.
Brad, there must be something in the water in IN. I bet I have well over $50K in judgments.. I've literally never seen a dime of it.
--73.40.xxx.xxx |
Ever not file? (by BRAD 20,000 [IN]) Posted on: Sep 23, 2018 11:02 PM Message:
Jon,
If this means anything, people don’t “just pay”. We usually have to drag them back into court. We work to get them to agree and sign a WAGE ASSIGNMENT before they leave court which is a simpler version of a garnishment. Saves an extra service and hearing.
A couple of things:
Screening includes GARNISHABLE? So there is a start.
PayDayPlanRent and ZERO TOLERANCE means they onky owe $210 not $800. They can borrow that from Granny to avoid eviction, so fewer evictions now.
I have studied and learned the court system. Most LL know a few things but very little and walk away from what the law can do FOR them.
And we’re on boring Midwest where the laws make a little more sense.
BRAD --68.50.xxx.xxx |
Ever not file? (by myob [GA]) Posted on: Sep 24, 2018 3:37 AM Message:
George Nicole and Elliot---- step back and take another look at your collection business--- you have 1000's saying they're collecting and agencies set up just for that purpose. SOMETHING IS NOT BEING DONE RIGHT-- maybe several things.
This month of Sept we've collected over 6K.
It's always worth it and just like your lease-- the cookie cutter-- once you get it down- ON WHAT AND HOW to do it-- you will make $$$$.
Turning this over to collection company, with all due respect, is not the WAY to collect your debt. They go after easy month-- usually low $ amounts. --99.103.xxx.xxx |
Ever not file? (by Nicole [PA]) Posted on: Sep 24, 2018 5:36 AM Message:
sorry, it's just not that easy.
Right above, Brad says he makes up his own "wage Assignment". Won't do a bit of good here. You must have a court order for the sheriff to enforce a wage garnishment. Federal guidelines are followed. It's a court process... file this, wait, file that, wait ... finally a court order signed by a judge to be presented to the sheriff for service. Not do it yourself. If the person is "garnishable", most often they'll pay, attempt to pay or make payments. If they have money, generally they're not being evicted. the ones who aren't are the ones who fall behind and disappear into the night.
Few employers are going to voluntarily enter into a voluntary type agreement without a court order because they would need an employee dedicated to figure out everyone's personal problems weekly.
Finally, NE has a judgment ... he is asking about getting a second judgment for another month's rent. --72.70.xxx.x |
Ever not file? (by Nicole [PA]) Posted on: Sep 24, 2018 5:43 AM Message:
Here is a real life example.
I had a young couple I evicted .. one month rent owed and the costs. She worked as a waitress and in small stores. He did contracting work and lawn work. they moved home with her mother. Eventually they wanted to get their own place. Went to a complex who had them call me to pay me off. they had the base amount but over the years the 6% interest and the court costs added almost that same amount again. they didn't have that. I made an agreement with them that if they paid me $xx weekly and paid it off in xx months, I'd forego the interest .... just get me my costs. Guess what, not a dime. So I've been following them loosely and I ended up speaking to his parents (they had no idea who I was). Seems they moved to the other side of the state and are now married, two kids, she went to school, he works for family ... all is right and they are ripe for garnishment.
By the time I file paperwork here, transfer it there, and have it served, I am out of pocket almost the entire amount owed to me. Yes, they are responsible to pay that but spend ~$300 to collect ~$300, maybe, doesn't seem like a sound business decision on my part.
--72.70.xxx.x |
Ever not file? (by myob [GA]) Posted on: Sep 30, 2018 4:42 AM Message:
Nicole stop your crying. First off you have to learn how to file--- then when you do file all your costs are added-- including the 300. Of expenses you mentioned-- there is no such thing as an employer voluntary program-- once the employer is notified by the court-- it's not an option to withold the money-- its mandatory and guess what if they don't take out of the employees check the employer now owes it.
I did love it when you said it goes on and on and on and on-- yes a 25% collection fee and 15% interest year-- you do the math-- we are collecting on accounts 3,4,5,6 years old--but at 15% interest.
NOTE yes sheriff can serve -- if you can find one who will get off their butt. You can also hired a server- here they will serve up to 3 times for 100.00. Also I believe if you have them served with signed return receipt and submit to court that service and their signature- that will fly. You have to know exactly what your laws are.
So please don't say it's not worth it..... that's just not true--BUT YOU GOTTA STUDY IT.
Our criteria on an application: you must be garnishable-- not a waitress or lawn boy or on SSI or retired. So even if they have bad credit-- if they have a good job--BINGO!!! --99.103.xxx.xxx |
Ever not file? (by WMH [NC]) Posted on: Sep 30, 2018 5:26 AM Message:
MYOB, in NC a judgement is not garnishable, period. And getting one in the first place DOES require personal service by a sheriff. Getting paid is almost impossible to do. Evictions are not reported online so no sense doing it "for the good of the people." Plus it costs $125 for one person, $150 for a couple to file in the first place. --50.82.xxx.xx |
Ever not file? (by Nicole [PA]) Posted on: Sep 30, 2018 7:05 AM Message:
not crying or bellyaching but stating facts here.
I doubt anyone would ever convince me to spend $300 to possibly collect $300. I realize the pay the costs but this specific example doesn't make sense.
No collection costs allowed here and our interest is capped statutorily at 6%. As I said, garnishing is not quick and easy here for the lower end tenant pool ... and that is who my rentals are geared to. If I rented to nurses and teachers, it would be an entirely different world but no teacher is going to rent one of my places. --72.70.xxx.x |
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