Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2015
    Posts
    14

    Default 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..)

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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
    View Post
    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.

  3. #3

    Default 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.

  4. #4
    Join Date
    Jul 2015
    Posts
    14

    Default 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

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Using Security Deposit for Back Owed Rent on Evicted Tenant
    By Aandb1210 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-07-2015, 09:56 AM
  2. Financial Transactions: How Do I Recover a Lost Wire Transfer of Funds from Europe
    By slv in forum Personal Finance And Investment Law
    Replies: 4
    Last Post: 09-06-2013, 12:23 PM
  3. Unlawful Eviction: Master Tenant is Being Evicted and I Was Told I'd Be Evicted, Too
    By Rosemarch in forum Landlord-Tenant Law
    Replies: 12
    Last Post: 07-15-2013, 05:12 PM
  4. Collection Lawsuits: How to Recover Cash Owed by a Friend
    By TheOrteganator in forum Debts and Collections
    Replies: 4
    Last Post: 09-01-2012, 11:47 AM
  5. Property Rights: How to Recover Property and Money Owed By My Ex
    By suckerednCO in forum Marriage, Cohabitation and Civil Unions
    Replies: 2
    Last Post: 07-23-2008, 04:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources