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Anyone who has been through the small claims process for security deposit or other rental issue? What is it like, fairly simple or complicated..? And if a judgement is made for the person to pay, how is that enforced?
Anyone who has been through the small claims process for security deposit or other rental issue?
Yes
What is it like, fairly simple or complicated..?
The process is fairly simply, but the details of who did what and why can complicated the hearing; that's what the judge is for, is to sift through the presentations and reduce them to the basic facts and applicable law(s).
And if a judgement is made for the person to pay, how is that enforced?
The judgement is worth no more than the paper it is printed upon; all it establishes is that somebody owes you money.
Unless somebody pays up voluntarily in compliance with a judgment, it's a whole different matter to collect upon a civil judgement. It's tricky enough legal territory that most of the time, you will need a legal professional to do this process of collection. It's not uncommon for folk to ignore a judgement for nominal amounts if they know that it will cost you more to collect it than the value of the judgement. A good law firm will not put their top lawyers on a nominal case given limited opportunity to collect on it, nor press a case if the legal fees are in excess of the value of the judgement.
The only time it can be a little bit simpler is if you are the renter and have specific protections for you in the state where the claims are being made and they specify your legal collection remedies. Typically, state's tenant's rights statutes will specify damages if a landlord doesn't refund a security deposit in a timely manner ... but be aware that the LL has recourse, too. Documenting missed rental/lease payments or damages beyond "normal wear and tear" to the premises will work to their favor.
It's not at all a complicated procedure but what would be most helpful is, after you've filed your claim, take some time to go to court and sit in on some of these cases so you become familiar with what actually goes on. You'll be amazed how much you can learn very quickly just by observing. It'll also give you a very good idea of what not to do as you watch the people involved tripping all over themselves!
You advantage where collection is concerned is that you're planning on filing against your landlord who owns the property. Landlords have a much harder time collecting from tenants than tenants do from landlords.
It's a waste of time and money. You may win the case, but collecting the money is a different matter. Most likely you'll have to hire an attorney to collect what you won. That can cost you even more than what you're owed.
It's a waste of time and money. You may win the case, but collecting the money is a different matter. Most likely you'll have to hire an attorney to collect what you won. That can cost you even more than what you're owed.
As I said before, a tenant winning a judgement against a landlord (property owner) has very little problem collecting on it. A landlord trying to collect from a tenant who owns nothing which can be attached is on a different playing field but many LLs still go ahead as at least they can ensure a large blot goes on the person's credit record which might save others in the future. Plus in some cases it's evidence of income loss for tax purposes! Ergo you can't just generalize that it's a waste of time and money on either side.
I agree, I had tenant evicted in Florida. Wife did not get signed lease, what a major mistake. I hired a Rental Agent Century 21 and they got him to sign, great! Now we had to get eviction through courts so his name is on record as dead beat tenant for not paying rent. He was from Peurto Rico. He played us to a "T"
Give to collection agent with documents and they will find them and only charge percentage of recovery! Thats how you get even! Forget small claims if they can't pay rent how will the court favor you? Been there & done that.... This guy from Peurto Rico is on SS Disabilty and owns Car repair business under brothers name! Who is checking these people? No one! Why? Because the mire people on assistance the more money their office gets! These people live free and brag to others how to do it. First clue, they don't want to sign a lease! Always have a lease and copy their drivers licence number to track a deadbeat. I was never beat again. I warn all renters up front.
Small claims court is different from state to state and even from county to county. But usually it is pretty simple.
The judge orders them to pay (if you win) and if they don't you can usually garnish their wages or place a lien on their property.
I can be vindictive and if the tenant makes me so mad that I am willing to go to the bother of taking him to court, I want that judgement recorded so that it shows up on his credit report and warns the next landlord not to rent to him. If I can't collect, I will turn the judgement over to a collection agency and let them cause the tenant some misery.
If you are the tenant and suing, very likely you will be paid immediately because the landlord has assets to protect.
If you are the landlord, there is a very good chance you won't ever collect. However, please go ahead and get the judgement recorded to warn other landlords.
No matter whether you are the landlord or the tenant, be very sure your case is rock solid, because the judge can decide either way. It really is the pits to go in thinking you will get money and then to have it end up that you are the one who has to pay.
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