? About Attaching Judgement To Tenants Bank...(m)
I just read an answer to another post that stated that the judgment can be attached to your evicted tenants bank account. How is this done? I just evicted one of my tenants and I know that the husband is collecting retirement money and ss. They didn't show up to court when they were evicted and their day to move has come and gone. I am now in the process of sending the bailiffs out to remove them. I would like to see some of the money I had to pay out of pocket back. When they are finally gone, I go in and take pictures of any damages, get estinates and go back to court and file for owed rent, damages, court costs, etc. I take that judgment from court and then do what?
Thanks everyone
quinn
The legal procedure is known as a Garnishment...and these are tricky & particular, so don't try it by yourself.
I won a wrongful garnishment case where the lawyer doing it hadn't been careful enough to EXACTLY track the statutory requirements...and the court ruled he'd done it wrong and therefore it was invalid.
Also, of course, you'll only get one shot, as they'll jerk their money out of that account immediately so you won't be able to do it again.
[addsig]
After which you need to find out what bank they moved on to. Its an interesting cat and mouse game.
if they have a public job, work for someone else and not self employed. you can garnish their weekly check......kenmax
Will an account in the name of your LLC stop garnishments or judgements against your account? Do you use a tax ID number instead of your personal SS number?
every state is different on garnishing. in my state, wages aren't garnishible (?) except for a very few circumstances, such as child support and, one for our side, a judgment for DAMAGES to rental property - I'm pretty sure back rent isn't garnishible.
but, a regular garnishment is easier here. I used to work for a law firm that had a HUGE collection practice. I didn't work in collections but rather in RE so I don't know a lot about it other than they did it all the time and having seen some of the people fly in the front door and listen to them on the phone when I'd help out at the front desk was amazing. The girls would tell tales that would make you laugh or cry, depending on the circumstances, but they got results. I'd say your best bet, especially if you've got the judgment already, is to hire a local collection attorney. He knows how to do it legally, he knows how to time it if you know what date money is deposited into the account, and he will be your buffer to what surely will bring out the worst in most people.
I'm in the same boat, and my tenant has a part time job in Time Warner, can part time job income be garnished? i'm in ohio, anyone know if ohio law allows garnishing back rent and damages?
Also another question, in my damage list, I have several small items, like fixing window blinds and stuff, can I claim $20/hour labor if I do it myself? I want to collect as much as possible, but not to be unreasonable, I heard it'll be thrown out of court if it's considered unreasonable. thanks.