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How to Recover Funds Owed by an Evicted Tenant

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  • 08-11-2015, 11:52 AM
    Aandb1210
    How to Recover Funds Owed by an Evicted Tenant
    My question involves landlord-tenant law in the State of: PA

    I have a tenant that I evicted through the court system for non-payment of rent. After utilizing her security deposit, she will still owe me approximately $2000 in unpaid rent, utility bills, and repairs that need to be done. If I take her back to court to recover this money, how is it typically paid back if I win in court? I have heard that even if I win, you "cant get blood from a stone" and I may risk not getting paid still. Does the court expect her to do monthly installment payments, do they take from her wages? I don't know how it is enforced by the court (if at all) that she pays..
    She did provide me with a forwarding address so I know where she is located (at least, so she claims..)
  • 08-11-2015, 12:16 PM
    adjusterjack
    Re: What is the Process for Recovering Owed Funds from an Evicted Tenant
    Quote:

    Quoting Aandb1210
    View Post
    My question involves landlord-tenant law in the State of: PA

    I have a tenant that I evicted through the court system for non-payment of rent. After utilizing her security deposit, she will still owe me approximately $2000 in unpaid rent, utility bills, and repairs that need to be done. If I take her back to court to recover this money, how is it typically paid back if I win in court?

    There's no "typically." You'll have to enforce the judgment with whatever legal methods are available to you.

    Quote:

    Quoting Aandb1210
    View Post
    I have heard that even if I win, you "cant get blood from a stone" and I may risk not getting paid still.

    That's a risk any landlord runs. You have to be prepared to have tenants stiff you and get away with it.

    Quote:

    Quoting Aandb1210
    View Post
    Does the court expect her to do monthly installment payments,

    Once a court rules on a judgment in your favor, the court washes its hands of the matter and doesn't care if you get paid or not.

    Quote:

    Quoting Aandb1210
    View Post
    do they take from her wages?

    No.

    Pennsylvania is one of the few states that prohibit wage garnishment for this kind of debt. The next best thing is to levy bank accounts if you know where she banks and are lucky enough that she continues banking there.

    Other methods of judgment enforcement involve executing against personal property, much of which is exempt from attachment. Most renters don't have the kind of personal property that's worth the cost of going after.

    Quote:

    Quoting Aandb1210
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    I don't know how it is enforced by the court (if at all) that she pays..

    It isn't enforced by the court other than the court issues orders after you make appropriate filings. Example - bank account levy - once you made your filing with the identity of the account the court would issue an order that you would get served on the bank. The order would tell the bank to release money to you from her account. That, of course, would require that the account still existed or had money in it by the time you got to it.
  • 08-12-2015, 08:15 PM
    AlwaysOnTime
    Re: What is the Process for Recovering Owed Funds from an Evicted Tenant
    Additionally, if the debt ends up on their credit report, hopefully they will pay it off to satisfy the judgment or at least try to negotiate it down and pay it.
  • 08-17-2015, 10:52 AM
    Aandb1210
    Re: What is the Process for Recovering Owed Funds from an Evicted Tenant
    Do you know what the process is for levying bank accounts..do I go to small claims court and provide them their bank account information when paying my court fees and scheduling a hearing? Do I provide the banking information DURING the actual hearing?

    Secondly, I would also like to ensure that this gets reported on their credit for their debt and the eviction, how do I report this information? thank you
  • 08-17-2015, 11:38 AM
    adjusterjack
    Re: What is the Process for Recovering Owed Funds from an Evicted Tenant
    Quote:

    Quoting Aandb1210
    View Post
    Do you know what the process is for levying bank accounts..do I go to small claims court and provide them their bank account information when paying my court fees and scheduling a hearing? Do I provide the banking information DURING the actual hearing?

    Here's the process from Cobb County. You can probably find similar information on your own county magistrate's court website.

    Appears I was mistaken. You can garnish wages for a judgment for past due rent.

    http://magistrate.cobbcountyga.gov/v6/garnishments.htm

    Quote:

    Quoting Aandb1210
    View Post
    Secondly, I would also like to ensure that this gets reported on their credit for their debt and the eviction, how do I report this information? thank you

    All three credit bureaus routinely do sweeps of public records and court records and will pick up the judgment eventually.

    You can also record the judgment at the county recorder's office.

    I suppose you can mail a copy to the credit bureaus but I don't now if the credit bureaus will enter it from that. Couldn't hurt to mail it, I suppose.
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