Post Eviction - Landlord Forum thread

Post Eviction by Bob Mcaffee (Massachusetts) on February 19, 2012 @12:39

Hi i am a property owner in massachusetts. I just went through my first eviction and it cost a lot. I had to spend thousands on a lawyer and the tenant is now finally gone and im out 5000 dollars in rent. My question is what can i do? How do i go about getting the money the tenant owes from the judgement. Do i have any options in a situation like this? At the very least how do i get the word out that these tenants are scammers? (they requested a jury trial because they knew it would take months to get a trial and then left two days before court knowing they had no case).

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Re: Post Eviction by Anonymous on February 19, 2012 @13:10	[ Reply ]

You would need to file a small claims case to get a judgement on the money owed for back rent. Once you win, that monetary judgement will be put on their credit report. As for actually getting the money from them, that is a different matter. You may never see the money unless you can get a levy or wage garnishment if they even have jobs or accounts with money in it. The eviction will be placed on their record automatically and will be available for other LLs to see if they bother to check.

Re: Post Eviction

that is great, you will get all your money back!

Re: that is great, you will get all your money back!

Re: Post Eviction

Re: Post Eviction by Anonymous on February 19, 2012 @13:15	[ Reply ]

My comment is for others reading your post to learn what I have gathered from my research. You need to find an attorney who specializes in tenant evictions. Make sure that this is what the attorney does to make his living. Ask questions about worst case senario and how that will be handled. Most important find an attorney that charges a flat fee for the eviction. He will be making his money on working your case quickly and efficiently so he can get on to charging his next flat fee. I have also gathered from my research that the best way to find such a lawyer is to go to the court in the district where the eviction will be and sit in for a few days. Listen and learn what the judges say what the tenants do and what attorney has his act together. This is how I would find an eviction attorney if I needed one.

Re: Post Eviction by Jake on February 19, 2012 @13:53	[ Reply ]

"How do i go about getting the money the tenant owes from the judgement." Did you ask your lawyer?

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Re: Post Eviction by Katiekate (New York) on February 19, 2012 @16:19	[ Reply ]

Unlike New York...Massachusetts does a good job of helping you collect your money. Step 1...file in small claims. There isn't any jury trial, there isn't any delay unless defendant is hospitalized. Step 2.. prove your case to a Judge (sounds like that will be easy) Step 3..wait 30days after you get the judgement...if you have no payment... then, go back to court and file a petition for defendant to show cause or be held in contempt! cool!! If defendant doesn't show up.. pay the Marshall to drag his sorry butt into court on the next court date...if defendant does show up and still does not pay...well, I've seen judges put defendant in hand cuffs to be taken to jail..right on the spot. Funny how they come up with the money in a hurry! If you are going to be a landlord..you really need to learn to file these eviction cases yourself..and go to housing court yourself. Lawyer isn't doing anything for you except costing more money. Learn to handle this..it isn't difficult. I did it for years.

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Re: Post Eviction by MrDan (Georgia) on February 19, 2012 @17:07	[ Reply ]

Massachusets Judgments and Enforcement: A money judgment entered in the State of Massachusetts is generally enforceable for a period of twenty (20) years. (c. 260, s. 20.) All property which by common law is liable to be taken on execution, may be taken and sold, except as otherwise expressly provided unde the General Laws of Massachusetts. (c. 235, s. 31.) An original execution must be issued within one year after the party is entitled to take it out, and an alias or other successive execution may only be issued within five years from the return day of the preceding one. (c. 235, s. 17.) If a judgment remains unsatisfied after the execution expired, a new execution may be obtained by filing a motion to the court. (c. 235, s. 19.) Garnishment and attachment may be conducted through a trustee process prescribed under Chapter 246 of the General Laws of Massachusetts. Garnishment of wages is permitted only upon approval of the court and only after the plaintiff has given a ten (10) days written notice to the defendant, by registered mail, return receipt requested, at his last known address, place of business or employment. (c. 246, s. 32(8).) If wages for personal labor or personal services of a judgment debtor are attached, the sum up to $125.00 per week may be exempt. Every writ of attachment must contain a statement of the amount exempted from attachment and also a direction to the trustee to pay over the exempted amount to the defendant in the same manner and at the same time as such amount would have been paid if no such attachment had been made. (c. 246, s. 28.) A judgment entered in an action upon a contract, promissory note or other instrument that contains a stipulation in which a defendant, or a third party on his behalf, waived or agreed to waive the issue or service of process in such action may be set aside and vacated upon the motion of a defendant. However if it it appears that service in the usual manner was had upon him or that the plaintiff sent to him by registered mail at least seven (7) days before the entry of such action a notice of his intention to enter the judgment on said day, and at the time of entry filed an affidavit that notice has been given, the defendant generally is deemed to have received notice, and the judgment will not be set aside. Any judgment by confession in an action involving a contract, promissory note or other written instrument, made pursuant to a stipulation is generally void and can be vacated or set aside on motion of the defendant. (c. 231, 13A.) A person who may contract may enter into a recognizance before the Superior Court in any county to acknowledge a debt. The content of the recognizance must be substantially as follows: (c. 256, s. 1.) "Be it remembered that on this day of , of personally appeared before and acknowledged himself to be indebted to of in the sum of to be paid to said on the day of , (or in years, or in months, from this day) with interest from this day; and, if not then paid, to be levied upon his goods, chattels, lands and tenements, and, for want thereof, upon his body. In witness whereof said hath hereto set his hand." Execution on the original recognizance may be issued but it must recite the recognizance and state the amount then due. (c. 256, s. 4.) However, no original execution may be issued upon such recognizance after the expiration of three years from the time therein named for payment of the debt or from the time of the last payment endorsed thereon. (c. 256, s. 8.) Foreign Judgment: The State of Massachusetts does not adopt the Uniform Enforcement Of Foreign Judgments Act. Interest: Legal rate: 6% per annum (c. 107, s. 3.) Written Contract rate: Such rate as maybe agreed to between the parties. (c. 107, s. 3.) Judgment rate: In all actions based on contractual obligations, interest on the judgment shall be at the contract rate, if established, or at the rate of 12% per annum. (c. 231, s. 6C.) Exemptions: In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The land and building which is owned, occupied or intended to be occupied by an individual as his principal residence is generally exempt from levy on execution and sale for payment of debts to the extent of $100,000.00. (c. 188, s. 1.) Any person who is 62 years of age or older, and has filed an elderly or disabled person's declaration of homestead, may be entitled to a homestead exemption on the real property or manufacturued home which he uses, occupies, and intends to use and occupy as his principal residence to the extent of $200,000.00. (c. 188, s. 1A.) Personal property of a judgment debtor which may be exempt from levy on seizure on execution of a judgment may include necessary wearing apparel, beds and bedding, one heating unit used for warming the dwelling house, and the amount each month, not exceeding $75.00, reasonably necessary to pay for fuel, heat, water, hot water and light for himself and his family; household furniture not exceeding $300.00 in value; bibles, school books and library not exceeding $200.00 in value; two cows, twelve sheep, two swine, and four tons of hay; tools, implements and fixtures for trade or business not exceeding $500.00 in value; materials and stock designed and procured by him and necessary for carrying on his trade or business, and intended to be used or wrought therein, not exceeding $500.00 in value; provisions intended for family use or money therefor not exceeding $300.00 in value; fishing tackle and nets of fisherman actually used in his business not exceeding $500.00 in value; uniform of an officer or soldier in the militia and the arms and accoutrements required by law to be kept by him; rights of burial and tombs in use as repositories for the dead; one sewing machine not exceeding $200.00 in value; share in co-operative associates not exceeding $100.00 in value in the aggregate; money for payment of rental not exceeding $200.00 per month for each rental period; cash, savings or other deposits in a banking institution, or money owed to him each pay period as wages for personal labor or services, or any combination of such cash, deposits or money owing, not exceeding $125.00; public assistance; one automobile not exceeding $700 in value. (c. 235, s. 34.)

Re: Post Eviction by MassLL (MA) on February 19, 2012 @17:20	[ Reply ]

Call the Boston Housing court and ask to speak to a specialist. They should be able to verify the following: You need to send the paperwork showing that you received the judgement to the extenants. The court does not send it to them. Tell them that you need to have received payment by such-and-such a date. When they don't pay, ssing the case case number you have for the eviction hearing, you should be able to file for another hearing for wage garnishment. If the defendants show up, the judge will determine how much money will be taken out of each paycheck and sent to you until the judgement is paid. If the defendants don' show up, the judge may still do the same if you can show where they work. If you can't prove where they work and don't know where they are, you need to keep looking for them. About 2 yrs after I won judgement, I was surfing the web for my extenent and found not where she worked. while it is legal to serve someone legal papers at their place of work, I tried to follow her home. that's really a bad idea as it's hard to follow someone and not get into an accident and not have them see you. I think she saw me. Thank heaven she didn't try to ram me or some crazy thing. But a few days later, she sent me the payoff of what she owed me. she probably was trying to avoid getting legals paper at work. So call the Boston housing court and ask to speak to a specialist.

Re: Post Eviction by Anonymous on February 19, 2012 @17:55	[ Reply ]

first off don't waste anymore money on a lawyer unless you feel absolutely out of your depth with this. I knew zero about evictions until I did alot of online research and I handled it just fine by myself and will now be taking her to court which I will do myself as well. It is just a matter of filing out the correct papers and filing them in court. Small claims court was made for the person who cannot afford an attorney. Once you get a settlement from the judge then you can file garnishment papers.