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  1. #1
    Join Date
    Jun 2012

    Default Landlord Won't Pay Judgement

    My question involves landlord-tenant law in the State of: IL

    So I took my landlord to court on July 9th and won my case for double security deposit since he did not return it to us within the legal time frame, but he still will not pay. What actions should I take? ALso, if I have to hire a lawyer can I sue for those costs?

    Thanks in advance

  2. #2
    Join Date
    May 2011

    Default Re: Landlord Won't Pay Judgement

    It is very common for rental agreements to have a clause regarding prevailing party attorney fees if legal action is required to enforce the agreement. Yours might have that, and a court might find that the statute requiring timely return of your money is an implied part of the agreement. Otherwise, you're probably out of luck. I'm not sure because I'm not in Illinois, and your laws and court rulings on prevailing party attorney fees are numerous and confusing on their face.

    The landlord is really hurting himself because that judgment on his credit report is a killer if he wants to borrow money. He really needs to pay you and get you to sign a satisfaction of judgment so that his report will at least show it as paid. It will still be a serious ding on his record. Who wants to lend money to someone who you have to take to court to collect from? I'll bet he couldn't buy a new car on credit right now. You may take some satisfaction from that if it suits you.

    There are several ways to collect the money but it's all a bit much to try to cover here. You can, from the court, get a writ of attachment and grab the money from his bank account(s) if you know where he banks. You can put a lien on any real estate he owns and then even begin foreclosure proceedings. You can take his cars by court order. You can attach the "rents and royalties" for his rental properties. You can force him to a debtor's hearing where he has to list all of his assets and where they are. The list goes on.

    I can't believe this guy doesn't just pay you to make it go away but he must be a masochist. He's not that stone you can't get blood from.

    An attorney would most likely cost you more than what you're owed unless a demand letter alone did it. If I were you I'd become real good friends with Google finding out the details of how to collect on a judgment in your state and then go after him. In almost every case, when you decide what you want to attach or garnish, you go to the clerk of the court to get the papers.

    Good luck. Some people really suck.

  3. #3
    Join Date
    Jun 2012

    Default Re: Landlord Won't Pay Judgement

    This site, Google, and a few friends who are lawyers have been invaluable in me trying to collect on my case. it's definitely not worth hiring a lawyer. That 2-3 grand will be gone in no time.

    This guy is expecting you to just roll over and give up, don't! i'd go right to a lien on his property, it's the most easily identifiable, and since it's an investment property, i don't think he can claim an exemption on it. However, you could check out your returned checks if there is account info there. it might be easier to garnish his accounts, that it is in my situation.

  4. #4
    Join Date
    May 2011

    Default Re: Landlord Won't Pay Judgement

    The stamps on the back of checks you wrote him will tell you where he banked at that time. Your bank would help you decipher them if you can't.

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