Collecting from tenant - Landlord Forum thread

Collecting from tenant by Lapimi (GA) on June 12, 2012 @10:40

If my tenant who has not paid for 3 months is served by tack and mail and the court rules in my favor, my understanding is that the court cannot make the tenant pay me for money owed (as opposed to if the tenant was served in person).

Can a separate claim be filed in another court to recover money owed to me? All I have is the tenant's bank information from his one and only rent payment, and also his employment information.

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Re: Collecting from tenant by Anonymous on June 12, 2012 @11:10	[ Reply ]

You would need the court to issue a monetary judgement. Some states grant this along with the order for possession; some require a separate small claims case be filed. To recover the money is a separate step. You will need to see if your state allows garnishment of wages or bank assets. Perhaps someone from your state can answer that here or you should be able to find it online. You will probably need the tenant's SS#. All requires papers to be filed with the court to grant you that access. Note, just because you have a judgement, it doesn't mean that the person who owes you has any money that you can collect.

Re: Collecting from tenant by MrDan (Georgia) on June 12, 2012 @17:22	[ Reply ]

If the Sheriff Department served your tenant personally, then you can ask the court for past due rent, damages, late fees, etc. If the tenant shows up to court, or answers the eviction complaint, you can ask the court for money due to you. If the tenant does not answer or show up, the court will only give you posession of the rental. Why did you not have the tenant served at work for the eviction? If tenant does not show in court, file new law suit and have tenant served at work. With your being out of State, your best course of action is to have an 'Eviction Attorney' handle this.

Re: Collecting from tenant