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Collections Law/Damages after eviction
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Question
We had a very hard time evicting some tenents and when we were able to get in to the house, it was totaled. Damages over $80,000.00. Insurance paid $67,000.00, but the tenents have paid nothing. How do I get a judgement against them.
It depends on your state. Small claims may only get you a small amount depending on the local courts limits on small claims. You may file suit in your county court or municipal courts. You need to call the courts to see who has jurisdiction here and procedure. You will need to file a complaint and detail each issue in detail. You may be able to go on line and find a sample complaint, otherwise you may need to retain an attorney. It sounds like you have sufficient evidence (which should be attached to your complaint). Filing fees should be relatively small. Once the complaint is issued they must respond or you will get a default judgment. The problem is even if you get a judgment you still need to collect your money through wage garnishment or attachment of bank accounts or other assets. This is not always easy. Your state laws determine what can be garnisheed or attached. Check your state garnishment laws to determine what can be attached.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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