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  1. #1
    Join Date
    Apr 2006
    Location
    Minnesota, Mpls
    Posts
    3

    Default Collecting A Judgement Against A Landlord

    This is a muli-part question, but I will try to be as brief as possible without leaving out any details. I have sued my landlord for unreturned security deposit among other things. The Housing Courts of Hennipen County in Minnesota awarded judegment in my favor for the amount of $2,179 on August 26th, 2003. My landlord agreed at that time verbally, and also in writing (but I have since misplaced the document) that the settlement would be paid within 60 days. She has made no such effort to repay the judgement. I filed with the District Court (4th Judicial District - Concilliation) to have the judgement transcribed from housing to district court. It was docketed into the district court on July 21st 04. On July 27th 04, I filed with the Hennipen Co. Sherif's office for a 'Writ of Execution' intending to levy her bank account at TCF Bank. Her account was under minimum balance. I then proceded to the DMV in order to obtain any information on vehicles she may own. No such luck. There were no vehicles in her name at that time. I was later able to find that she was renting another property in my area (although I do not believe that this property was in her name as the property that we rented from her was also not in her name though she was listed as the landlord). I drove by the propety and saw a for rent sign with a telephone number on it. When I called the number, a man answered the phone. I asked to speak to my landlord and he handed over the phone to her. She was absolutely shocked to learn who was on the other end. She said that she has no recollection of any such debt (over 2 years had passed) and that if she DID in fact owe money she would be happy to settle it. She then said that this was not her phone and that I was no longer allowed to call that number or she would sue for harrassment. She happens to be a lawyer registered with the state, so I took her relatively seriously. She agreed that if I left her my phone number she would call me as soon as she had a chance to look into the debt. She has not made any attempt to call me. Her cell phone number from when she was my landlord is no longer active. On 2/10/06, I received a letter from the Hennipen Co. Sherrif's office stating that the writ of execution has expired. I would like to get this matter settled asap. I have obtained a form to file a complaint with the Lawyers Professional Responsibilities Board. Since she is a lawyer and has a judgement in bad faith outstanding, they have told me that a complaint may result in revocation of her registration. That is good news, but doesn't resolve the money that I am owed.

    Now for the questions,

    1. What other steps can/should I take in collecting this judgement?
    2. Is there any 'bad faith' penalties (I remember hearing something like $300, per offense? What constitutes 'bad faith')since she has agreed to pay and then chosen not to?
    3. What am I entitled to as far as interest, fees, days of lost work, travel expenses associated with collecting, penalties, or any other compensation?
    4. Is there any Statute of Limitatoins regarding collection on a judgement?

    Thank You for any help you can provide. My appologies for my long-windedness. Great site!

    Jay

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Collecting A Judgement Against Landlord

    There's no easy way to collect a judgment. You can attempt to garnish liquid assets such as bank accounts, or wages if the lawyer works for a firm (and it is permitted in your state). You can try to execute against assets. You should not expect to collect for time you invest in getting or collecting a judgment. A judgment should result in post-judgment interest, and you should be able to collect various court costs. A judgment should be good for ten years.

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