Default judgement - Landlord Forum thread

Default judgement by Lee (Texas) on January 31, 2012 @14:20

I went to court this morning an won a default as the tenant I am pursuing for damages was a no show. If he has 10 days to appeal an then 30 before I can pursue him for payment I am a bit confused as to how this is a win. I don't expect he will appeal- he is aware of all the photos, proof, documentation I have, but how do I go forward to collect.

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Re: Default judgement by Anonymous on January 31, 2012 @14:25	[ Reply ]

I hear you can put leans on personal property but I don't know how its done. Most likely, he doesn't own much worth putting a lean on. The unfortunate truth is that you're probably right in assuming that you'll never see a cent. Hopefully someone else has better advice than I do.

Re: Default judgement by Frank Rizzo (Florida) on January 31, 2012 @16:24	[ Reply ]

Yes it is a win/no-win situation. You got him out of the house. The damages and any back rent that is due must be awarded in a small claims action against the tenant. Once you win this action, you will get a judgement against him for the amount. Another win/no-win, since you got no money yet. The judgement will continue to increase by a percentage rate that is set by the powers in your state. Now you have to chase him to get the money.. You can go after his earning and any property he may have. In FLorida the judgement is good for 10 years and you have to renew or lose it. If he goes to another state you have to file to get the judgement awarded in that state and so on... We got an $11K judgement 4 years ago and have never seen a penny.. the guy is a police officer in the town we live in. Go figure.

Re: Default judgement

Re: Default judgement by Bryan (Ia) on January 31, 2012 @16:57	[ Reply ]

In my state the losing party has 20 days to appeal. There is no bar on when attempts at collection may begin. To begin the process of garnishment, you must file a Warrant of Execution. This warrant directs the sheriff to collect payments directly from the employer or, if allowed in your state, freezes their bank account until such time as there is sufficient money to cover the judgment and all fees.

Re: Default judgement by Anonymous on January 31, 2012 @18:30	[ Reply ]

To get the payment you must file in small claims court for all that he owes. Once you win they will most likely give him a date he has to pay by and when he doesn't you can file to have his wages garnished. Now if he is unemployed or has a no nothing type job he will probably quit and you will not get anything so you have to decide if it is worth the cost of going after him in court.