Money Judgement &Eviction (by Alex [GA]) Oct 2, 2022 10:50 PM|
Money Judgement &Eviction (by Vee [OH]) Oct 3, 2022 5:09 AM
Money Judgement &Eviction (by Ray-N-Pa [PA]) Oct 3, 2022 7:28 AM
Money Judgement &Eviction (by S i d [MO]) Oct 3, 2022 8:32 AM
Money Judgement &Eviction (by Hoosier [IN]) Oct 3, 2022 2:05 PM
Money Judgement &Eviction (by Alex [GA]) Oct 3, 2022 4:18 PM
Money Judgement &Eviction (by Hoosier [IN]) Oct 3, 2022 5:12 PM
Money Judgement &Eviction (by plenty [MO]) Oct 3, 2022 5:41 PM
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Money Judgement &Eviction (by Alex [GA]) Posted on: Oct 2, 2022 10:50 PM
My tenant did not pay rent for September 2022 and I filed for eviction. The court date was set and the tenant showed up at the court. Judge suggested we go for mediation through a court appointed mediator.
During mediation, the tenant promised to come up with the rent for September as well as October 2022 by Friday October 7, 2022 (because that is the day the tenant gets paid). The agreement was signed by mediator and then by the Judge.
If tenant does not give me the rent by Oct 7th then I can go to court and file for Writ of Possession; thereby the tenant is out within 7 days through Sheriff's assistance. But if he pays money then he gets to stay up to October 31, 2022 (this gives him enough time to find another place).
Question - What if the tenant does not pay by October 7th, I file for Writ of Possession and the tenant is out within 7 days; what about my rent loss (for Sep 2022 and part of Oct 22)? Will court give me money judgement that I can use to garnish his wages?
Money Judgement &Eviction (by Vee [OH]) Posted on: Oct 3, 2022 5:09 AM
Here you need to adhere to -All Or None- for the payment, and the second cause is where the settlement of damages comes into court, broken wall - door - window - screen, added to the missing rent and utilities are accounted for there. Follow your local and state laws on sending out an accounting statement, here it results in the tenant getting 3 times the deposit back when you do not follow the rules.
The business person is always held to a higher standard, no reward for sitting on your hands. --76.190.xxx.xxx
Money Judgement &Eviction (by Ray-N-Pa [PA]) Posted on: Oct 3, 2022 7:28 AM
It sounds like you filed for only the money owed. The judge is affording your resident an opportunity to get caught up based on you only filing for the money owed.
Had a second reason been provided, the judge may have come to a different conclusion. If you want someone gone, it is hard to correct say, a history of late payments. After all - how does one correct history?
As for the collectability of a judgement if they don't pay....a regular poster MYOB has reportedly had outstanding success. I haven't seen his post recently though. I wonder if he is still on a cruise?
Money Judgement &Eviction (by S i d [MO]) Posted on: Oct 3, 2022 8:32 AM
In my town, a judge will award any unpaid rent, plus court costs and attorney fees, plus a maximum of $150 in late fees. Doesn't matter how many days late or how many month late: the cap is $150. There is no law on this, it's just what the Greene County circuit court judges have decided is what they do. So as Vee says, "there's no reward for sitting on your hands." This is why we file on day 7 late: by the time we get to court we've capped out at the max late fees about the same time.
You said the judge "suggested" mediation. Could you have refused, and if yes would that have reflected badly on you in any way?
Once we get to the point that I've had to drag a tenant into court, I'm basically done renting to that person. Even if they catch up, they've caused me so much hassle that I would never have rented to them in the first place had I known what was going on. People who legitimately can't pay need to move out before the next rent becomes due. That's what they promise to do in the lease, but none of them do. They just sit there and assume it will work out somehow. Then when it doesn't, it's because I had to spend time and money kicking them out.
So I would've refused the mediation unless there was some as-yet-to-be-disclosed advantage we haven't heard. When you hit the eviction stage, your #1 goal is to limit your losses. More time = more losses.
Will the judge award both months of rent? He should. But will he? No idea.
Money Judgement &Eviction (by Hoosier [IN]) Posted on: Oct 3, 2022 2:05 PM
In IN, yes...the judge would likely provide a judgment that you could garnish against. However, here are some watchouts...
1) Tenant changes job as soon as the garnishment is ordered, then you have to "chase" them around. If they move out of state, heaven only knows if you'll get anything.
2) Each jurisdiction has a max they will garnish...in my recent case it was 25%. However, if they are already being garnished for something else such as child support, who knows how that will end up. As a result, you could end up getting a very small amount, for a very long time.
3) I had one tenant file bankruptcy just after the judgment...in that case your garnishment will not work.
4) Hopefully your lease has a statement about collecting attorney fees also...and your state allows it...as the attorney fees can be high depending on the amount of work.
I've had very good luck with the two garnishments I've been through...collecting over $5,000 on each of them. In one case, I was getting $225 every 2 weeks. In the other case (still ongoing), I am receiving $209 every 2 weeks.
Money Judgement &Eviction (by Alex [GA]) Posted on: Oct 3, 2022 4:18 PM
It appears that may be I did not clearly ask the question. Here it is,
"When I get a Writ of Possession, do I get Money Judgement as well?"
As per the Court papers, if the tenant pays by October 7th, 2022 $X (written on paper) then he gets to stay ONLY till October 31, 2022.
If the tenant does not pay $X by October 7th, 2022 then the tenant has to leave within 7 days (after I file for Writ of Possession). I will file for Writ of Possession immediately (if he does not pay by October 07, 2022) so that I do not waste any day. --99.98.xxx.xxx
Money Judgement &Eviction (by Hoosier [IN]) Posted on: Oct 3, 2022 5:12 PM
No! You will get the possession order first. Then after they move out and you do a damages report and file the damage report with the tenant, if they do not pay you have to go back to court and get a judgment for the amount owed. I like her but I think the garnishment order is even a third step if they donít pay after you get the judgment for the amount owed. --99.92.xxx.xxx
Money Judgement &Eviction (by plenty [MO]) Posted on: Oct 3, 2022 5:41 PM
When I get a Writ of Possession, do I get Money Judgement as well?"
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