Taking tenant to court - chances of success

[Seth M.]

In November of 2014 we had the wife of a husband-wife tenant pair inform our property manager she would be moving out. She included a letter signed by her husband stating he assumed all liability for the property. The following month rent never came. When the property manager followed up with the husband he said he had moved out and wouldn't be paying rent anymore (5 months left on lease @1250/month).

Our property manager filed an eviction notice with the court, gave the tenants required time to collect belonging before taking the unit back. 

We were left with over $15k worth of damage and unpaid rent before the unit could be rented again. I compiled all paperwork in the case and hired a property lawyer to take the case to court and receive a judgement against the tenants. Because the tenant is active duty military it is a lengthy process leading up to the court date due to VA law requiring ample notification time through a Guardian Ad Litum.

The court date is set for July 13. If the tenant shows up a trial date is set. If he doesn't the judgment is in my favor on that date.

I'm concerned after I receive the judgment for the damages I still won't receive the money this has cost me, not to mention the addition of the legal fees. Although the judgement will be against both the husband and wife they are now separated with the husband paying child support (x2) and the wife a full time student. 

Has anyone been in a similar situation with a favorable result? Any advice? 

[Account Closed]

Go to court get the Judgment.  Most people don't realize that a Judgement is good for several years.  When it is time to expire, you can renew the Judgment.  Therefore, one day, this judgment will haunt them, and you have a chance of collecting your money.  You can also turn them over to a collection agency.  I did and 11 years later received my Judgment in full.  (Less the cost to the Collection Agency)  Also damages can be written off at the end of the year if not paid.  So it's not a total loss.  But I have to admit, you sure did take a loss that's for sure!

Nancy Neville