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Expert: Regan Shinski - 9/16/2009


Question
I have a judgement from Small claims court against my landlord. Their property in the county where the judgement was awarded is now foreclosed on.  They own property in Hawaii,  can I place a lien on that property also?  Can I force the landlord to provide information in order to garnish his wages for the judgement?

Answer
Hi Deborah:

In general, yes you can get a lien on that property.  Basically you need to get a Transcript of Judgement from your county and file it with the county in Hawaii.  Different states have different rules to authenticate this judgement including certain forms of identification, affidavit, and certification.  I do not know what is required for the county you are looking at.  Obvious concern in authenticating is in the unlikely case it has to be filed in person.  It's costly to get to Hawaii, but the trip is nice :)

I'm not sure what you mean by "forcing" the landlord to provide information.  The landlord is under no obligation to cooperate with you.  Garnishments are completed through the courts.  Again, required procedures vary by state and county.  Just contact your court or look it up online on how to file.  Usually a registered communication or the use of law enforcement is needed to serve the garnishment.

You didn't ask this, but attacking known banking institutions and personal property are also options.  I have collected on a judgement where the debtor had a separate account that I did not even know about at a bank.  We saw he went to this particular bank and used the sheriff's office.  They go to the bank with an order to collect any assets (money) in any account at that banking institution.  I have heard others have collected personal property including appliances and computers.  Usually there is a minimum dollar amount that states set, but larger personal property items are usually fair game.

Good luck, hope it helps and you collect.  If you don't mind, I would be interested to hear how it turns out.  Drop me a "question" to let me know :)

Regan

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Regan Shinski

Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

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