Bench Warrant? Collection Agency? - Landlord Forum thread

Bench Warrant? Collection Agency? by Anonymous (Wisconsin) on July 5, 2012 @17:30

There are several former tenants who owe me money from eviction and small claims cases. I have yet to see any of this money. I have been considering either issuing Bench Warrants for their arrest or turning them over to a collections agency. Does anyone have experience with either of these? If so, did you find it effective and do you recommend it?

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Re: Bench Warrant? Collection Agency? by Nicole (PA) on July 5, 2012 @19:03	[ Reply ]

YOU cannot issue a bench warrant for anything unless you're a judge. Debtors prison was done away with a long time ago in the United States. You can't mix up civil and criminal issues.

Re: Bench Warrant? Collection Agency? by JD-NY on July 5, 2012 @19:44	[ Reply ]

Landlords cannot issue bench warrants.

Re: Bench Warrant? Collection Agency? by Betty L on July 5, 2012 @21:21	[ Reply ]

"several former tenants who owe me money from eviction and small claims cases" Maybe you should spend some time learning how to screen for better tnants, then trying to issue bench warrants for their arrest. Have you thought of trying to garnish their wages if that is allowed under you State laws?

Re: Bench Warrant? Collection Agency? by Katiekate (New York) on July 6, 2012 @06:16	[ Reply ]

Forget collection agencies. they are awash in collection on secured loans. They only want to take on collection for debts they know they can collect...and deadbeat ex-tenants are the worse to get money out of...and they know it.

Re: Bench Warrant? Collection Agency? by The Dude (MN) on July 6, 2012 @09:04	[ Reply ]

I hate to be the one to break this to you, friend, but businesses experience losses all the time. Why do you think you can issue a bench warrant for some guy who owes you money? That's ridiculous to even think that's possible. First off, like has been explained, you are not a judge. If you explain to a judge you want to issue one, he'll just laugh you out of his courtroom. If you turn them over to a collections agency, you will see little results. If they're not paying the rent, it's highly likely they aren't paying other things as well. For most people the rent is the first thing they pay. They'll get behind on plenty of other debts before the rent. Those are secured debts. Yours are not. If they try to go after your former tenants, they'll get no where and a collection agency knows this. If you have a judgment against them, why not file to garnish wages? That's the easiest way to do it. It'll be slow as only a certain percentage of their wage can be withheld every paycheck and you won't get it all at once, but you'll get something coming in. The BEST advice was given already. Learn to screen better. If you have that many tenants who you've had to evict and who owe you money, you're doing something wrong. Like any business, you have to adapt and learn from your mistakes.