Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 5 years ago on . Most recent reply

Account Closed
  • Remote
19
Votes |
39
Posts

Judgement Collection - Interest Calculation

Account Closed
  • Remote
Posted

We have seen ample success in collecting our judgments based on our screening criteria but I had a rather obscure question in this regard. When completing an eviction, and moving on to count two (damages hearing) after the eviction has been completed we're usually awarded a judgment of anywhere from $500 - $15,000 depending on the level of damage and back rent due from the eviction process. Our business goes with the traditional state set rate of 5% interest (2019) of judgement and begin the garnishment process. Anyway, we've made this process pretty seamless as we have brought on new team members that can keep a handle on this, and hit the time lines consistently every time.  Here's the question. Lets say a judgement was awarded of $5,000 plus court costs. In my own county it costs $135.00 filing fee for the filing and court date of an eviction.  So the total judgement comes to $5,135 with interest bearing on the $5,000 awarded. When garnishments occur, is the court costs repaid first, or the interest bearing amount? We have always done court costs first because it made it easier to calculate balances moving forward. I want to make sure we're in the right. Our local clerk of courts, said to ask an attorney or a CPA, our CPA said to ask an attorney, and our attorney said to ask a CPA. I know the amount seems small and insignificant, but when spread over multiple judgments and garnishments it can add up. For the record, we're not trying to make money off of the courts through this system, but rather become whole one more - I just want to follow the rules. Then again, I have heard some investors don't report their judgement earnings at all, as it was awarded by the court for a loss. Anyone have any ideas or insight on this? 

Thank you!

Most Popular Reply

User Stats

23,418
Posts
13,508
Votes
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
Votes |
23,418
Posts
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Don’t Know about which fees get collected first but as far the money being income.....income is income, expenses are expenses, period.  The Only way it wouldn’t be income is if you had already “booked” it as income, but never collected.....which of course no one with rentals does.  Not collecting rent is not a “loss”, it’s just  income not collected/reported.

Loading replies...