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Over the past five years we've successfully evicted somewhere between 6 and 10 tenants for non payment of rent, but we have never bothered to file the judgements we get, because in each case we've known it would be like getting blood from a stone.
However, the latest one we did was this week, and the tenant certainly has assets and a full time job. We have a judgement for about $1100. The judge suggested to the tenant that she co-operates with me and works out some sort of payment plan for the debt. I'm not sure if he meant that we try to collect before enforcing the judgement, or we enforce it then collect, but I am a bit confused about this part. I thought that when it gets filed with the courts, which is the next step, that a court sheriff would be responsible to collect.
So I'm wondering if I can place the debt into the hands of a collection agency (family friend does this for a living but has never dealt with tenants). And if I can do that without filing the judgement? I'm not even sure if I'm using the right terminology. We stopped using lawyers in the first year of our Landord life because of what they charged and how little they were willing to do for us. So I would really like to continue avoiding lawyers.
Would love to hear how others have dealt with this and what their success rate has been! Thanks.
A court sheriff?! I have never heard of such a title. It is my understanding that once you have a judgement, you can begin the process of having a garnish taken from the person's paycheck, or you can place the debt with a collection company. I have never heard that someone from the courts will go after the person to get your money for you. All a judgement means is that a judge agrees that the person legally owes you money...the courts interest ends there.
Yeah, that's not the correct title, sorry. It's an enforcement officer, in the state of NY. And there is something called a "writ of execution" that has to be done, to make it possible for the enforcement officer to attempt to collect. I will do more research on that part!
In California, the tenant would have 30 days to pay the judgment. Then, you can file the papers with the court to follow up after that, if you want to do it on your own. Here's a link:
Part of this does include using the sheriff to nab their bank accounts or business income, etc.
If you choose to go with the collection agency, they take around 30 - 40%.
I only know this because my boss (property owner) and I (resident manager) had a conversation about this recently, where he told me his experiences with judgments. Like you, he let the ones go he didn't expect to ever collect from, and pursued the ones who were actually earning wages, etc.
This might help you, as this seems to be the most relevant part of NY Real Property Law:
4. (a) In a proceeding to recover the possession of premises outside
the city of New York occupied for dwelling purposes, other than a room
or rooms in an hotel, lodging house or rooming house, upon the ground
that the occupant is holding over and continuing in possession of the
premises after the expiration of his term and without the permission of
the landlord, or, in a case where a new lessee is entitled to
possession, without the permission of the new lessee, the court, on
application of the occupant, may stay the issuance of a warrant and also
stay any execution to collect the costs of the proceeding for a period
of not more than four months, if it appears that the premises described
in the petition are used for dwelling purposes; that the application is
made in good faith; that the applicant cannot within the neighborhood
secure suitable premises similar to those occupied by him and that he
made due and reasonable efforts to secure such other premises, or that
by reason of other facts it would occasion extreme hardship to him or
his family if the stay were not granted.
(b) Such stay shall be granted and continue effective only upon the
condition that the person against whom the judgment is entered shall
make a deposit in court of the entire amount, or such installments
thereof from time to time, as the court may direct, for the occupation
of the premises for the period of the stay, at the rate for which he was
liable as rent for the month immediately prior to the expiration of his
term or tenancy, plus such additional amount, if any, as the court may
determine to be the difference between such rent and the reasonable rent
or value of the use and occupation of the premises; such deposit shall
also include all rent unpaid by the occupant prior to the stay. The
amount of such deposit shall be determined by the court upon the
application for the stay and such determination shall be final and
conclusive in respect to the amount of such deposit, and the amount
thereof shall be paid into court, in such manner and in such
installments, if any, as the court may direct. A separate account shall
be kept of the amount to the credit of each proceeding, and all such
payments shall be deposited in a bank or trust company and shall be
subject to the check of the clerk of the court, if there be one, or
otherwise of the court. The clerk of the court, if there be one, and
otherwise the court shall pay to the landlord or his duly authorized
agent, the amount of such deposit in accordance with the terms of the
stay or the further order of the court.
Follow the judges advice, call the tenant up and say "hey do you want to try and work out a payment plan?"
Be reasonable about it.
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