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Collecting on a Judgement

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Collecting on a Judgement

Postby mjr203 » Wed Sep 11, 2002 11:39 am

I've read about this in a couple of places but wanted to ask Tenant.net readers about their own experiences trying to collect on judgements.

I won a small claims judgement for the return of my full security deposit (by default, asshat ex-LL did not show up). How do I now go about collecting?

He has 30 days according to the form and then I have the option of using a marshall or sheriff to help collect--

any stories/hints/ideas/advice?

-The Pointer
most Landlords suck it.
mjr203
 
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Re: Collecting on a Judgement

Postby consigliere » Wed Sep 11, 2002 7:54 pm

Once you have a judgment, you can get restraining notices from the small claims court clerk. Restraining notices require the parties served to hold back twice the amount of the judgment.
 
You should get one restraining notice for the bank account where the landlord deposited your security and rent checks, and then have the bank served with the restraining notice.
 
You can also get restraining notices for current tenants, and then have the tenants served with the restraining notices.
 
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Re: Collecting on a Judgement

Postby mjr203 » Thu Sep 12, 2002 9:16 am

thanks for the advice!

I guess I'll be waiting 30 days then. I should probably contact him in advance to give him an opportunity to pay?
most Landlords suck it.
mjr203
 
Posts: 393
Joined: Fri May 10, 2002 1:01 am
Location: BKLYN

Re: Collecting on a Judgement

Postby mjr203 » Thu Sep 12, 2002 1:55 pm

Originally posted by me again:
imo, his opportunity to pay was the first 30 days after you moved out, and he blew that.
not sure if the 30 days your paperwork says now is his 'appeals period', but, if it is, don't push it, because he could always appeal, and you could have to go back to court.
let the 30 days go, after that, then you call the constable. i wouldn't have any further contact with him, other than through the court/constable. you don't need him making claims that you ageed to settle it somehow. if you ignore this advice, at least, make sure all communication with him from now on is in writing, PERIOD.
thks for the advice

writing is the best

I have learned this lesson!
most Landlords suck it.
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Posts: 393
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