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Landlords upset ...

Discussion in 'North American Politics' started by Mestemia, May 9, 2021.

  1. Trailblazer

    Trailblazer Veteran Member

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    The county is opening up the program for rental assistance on May 19, so I will be calling to make an appointment on that day so that I am first in line. As long as my tenant qualifies I should get the money, they have told me. Fingers crossed.
    They also told me that more programs will be opening up in June so there will be more money for rental assistance and utility bills assistance in June.
     
  2. Revoltingest

    Revoltingest Rival's Creepy Uncle
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    Regulations reduced the ability to contact debtors.
    I haven't used the courts (as plaintiff) in years.
     
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  3. Curious George

    Curious George Veteran Member

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    Hopefully the landlords have not overextended themselves by making bets they can't cover...that is the recipe for slumlords.
     
  4. Mestemia

    Mestemia Advocatus Diaboli
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    you forgot:
    Body Attachment
     
  5. Mestemia

    Mestemia Advocatus Diaboli
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    Here in my neck of the woods, it is a long needlessly over complicated process.
    I went through the full steps and it took quite a while (almost 3 years) before the ex-tenant started paying.

    When I found out about the Body Attachment I was like, "oooo, that is not going to go over very well with the defendant".
    And let me tell you, it did not.
    She ended up being arrested for harassment, destruction of private property, and a couple other things on top of judgment collection.
     
  6. Trailblazer

    Trailblazer Veteran Member

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    What is a Body Attachment?
     
  7. Mestemia

    Mestemia Advocatus Diaboli
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    Basically, if the police run their name for anything, traffic stop, witness to a crime, calling the police because someone broke into their house, anything, they are arrested and held until their court date, in her case it was 8 days.
     
  8. Trailblazer

    Trailblazer Veteran Member

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    Okay, but how does that help you collect on a judgment?
    I have one judgment from 2013 but I never tried to collect on it, partly because I am afraid of retaliation and I don't need any more trouble in my life.
     
  9. Mestemia

    Mestemia Advocatus Diaboli
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    Like I said, it is a long drawn out needlessly over complicated process.
    At least in the county I went through it.
    I had to start out trying to garnish their wages.
    To do this I had to find out where they lived and worked in order to fill out the paperwork to get it started.
    They have since then changed it so that all that is needed now is their work address.
    Of course, as soon as the court started garnishing their wages, they quit and got another job.
    So I had to find out their new employer and refile with that information.
    They quit again.
    After the third time they quit once garnishment started I had to file for thing (I can not remember what it is called right off the top of my head) that was basically accusing them of being in contempt of court.
    A court date was set, they were served (the paperwork came back from the sheriff) but they did not appear.
    This happened two or three more times.
    When I was in to file it again the clerk asked if I would rather do a body attachment....

    It took a few weeks, but I finally got a letter informing me about the court date.
    I showed up and they were found guilty of contempt of court amongst other things and ordered to pay and that this time around the court would be taking over the case until it was paid.

    After not receiving a payment for a while I inquired about it and the court went after them.

    I do not know the details other than the payments started back up and then a lump sum paying off the balance and then some showed up.
    So I ended up sending them a check for what they ended up over paying.
     
    #209 Mestemia, May 14, 2021
    Last edited: May 14, 2021
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  10. Trailblazer

    Trailblazer Veteran Member

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    That sure sounds like a lot of trouble and it is not something I would be willing to go through because I would never even have time. If I decided I wanted the money I would rather pay someone to try and get it for me. I do not really need the money so that is one reason I let it go. I learned a hard lesson from that tenant and other tenants so I know what not to do now. I have really good tenants in that house now, so I just have to deal with that tenant in the other house. Hopefully the rental assistance money will come through.
     
  11. Mestemia

    Mestemia Advocatus Diaboli
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    The sad thing is that all that was over less than $3000 owed...

    I have no idea how different it will be in your neck of the woods.
    I only have the experience from my neck of the woods...
    and that process has been changed since I went through it.
     
  12. Trailblazer

    Trailblazer Veteran Member

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    That is kind of sad. The tenant I have a judgment against owe me 4475 and another tenant owes me 6750, but I never went to court for the second tenant, I just let it go, and that is one reason I am not willing to let go of the 14,632 debt the tenant in the other house owes me.
     
  13. Mestemia

    Mestemia Advocatus Diaboli
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    You may want to check the local laws and make sure you can go after them yourself.
    Here in my neck of the woods anything ove $1500 requires a lawyer.

    At least for the initial judgement.
    After the initial judgement then anyone authorized through the courts can follow up.
     
  14. Trailblazer

    Trailblazer Veteran Member

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    We can go after the judgment here without an attorney if we want to do all the paperwork and court appearances.
    I did all the paperwork for my 4475 judgment but ran into a glitch on my first court hearing, so I hired an attorney to come to the final court hearing and that only cost me 200. After I got the judgment the attorney told me I would never get the money because that tenant was on SSI and I cannot garnish that.

    If the debt is less than 5000, landlords are advised to go to small claims court instead of superior court because the process is very simple and attorneys are never involved.
     
  15. Bird123

    Bird123 Well-Known Member

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    Every action has consequences. Is allowing tenants to not pay rent really a good idea for the tenants? How much money will the tenant owe after 1-2 years not paying anything. Does anyone really think the tenants will be able to come up with that much money at once? What is all this doing to the tenant's credit rating? When the end comes and the tenant is evicted, who will rent to them next and at what cost?

    There are always many many issues behind every choice. What is the old saying? Measure twice then cut once. Choices tend to come out better that way.

    That's what I see. It's very clear!!
     
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  16. Trailblazer

    Trailblazer Veteran Member

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    It is not good for the tenants unless the landlords dismiss the rent owed, but how many landlords are willing to do that?
    Tenants who think it is a good idea not to pay the rent have not really thought it through.
     
  17. Revoltingest

    Revoltingest Rival's Creepy Uncle
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    Other than Friend Of The Court (child support matters),
    I've never heard of a court sending a marshal after a
    debtor who ignores an order to pay. If it happens in
    some jurisdictions, it doesn't in mine.
    The only times I've collected on such debts....
    - Garnish wages of someone employed.
    - Garnish bank account of someone with one.
    - Go after co-signers who have credit to protect.
     
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  18. Revoltingest

    Revoltingest Rival's Creepy Uncle
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    Generally, landlords would accept a payment plan
    from a tenant who appears to have behaved as
    responsibly as possible under the circumstances.
    That will be a problem for them
    Our shared clarity differs from some others'
     
  19. Mestemia

    Mestemia Advocatus Diaboli
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    Here a Body Attachment is does not have law enforcement actively hunting them.
    Only if their name is ran.
    But it matters not why their name is run through the system, if their name is ran, they get arrested and held until the court hearing.
    So the longer they go without a run in with law enforcement, the longer it takes to serve the Body Attachment.
     
  20. Revoltingest

    Revoltingest Rival's Creepy Uncle
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    Where on Earth is "here"?
     
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