Small Claims Court & Garnishing wages after judgement

[Brian Tennies]

Hello!

Thanks for looking!

I've got two scenarios I could use a little advice on;

1- I had a tenant leave after threat of eviction, they owe about $2,200.  I have lots of documentation, mostly text messages.  Should I take them to small claims court, or do I need to file some kind of tenant eviction paperwork first? ....I've only had one full eviction in the past, luckily.  

2- The one eviction I did have recently resulted in a judgement for me around $3000.  I'm doubtful I'll see that but I'd hire someone to take care of all the paperwork to garnish their wages if I can?  Or do I need to contact their employers directly?  It didn't end very well and I'd rather not have any interaction with the past tenants if I don't need to.  

As always thanks for any help!

[Ray Harrell]

1, You can file a lawsuit, but you must be able to document that the tenant owes the money, what portion of the lease they violated, when they paid, etc. Chances are the tenant won't even show up for court, but be prepared anyway, just in case.

2, As for garnishments you have to do that through the court system. The court actually issues the garnishment, otherwise any ole joe can call someone's employer and request a garnishment. Once the court issues the order, the employer has to comply. Don't be surprised if the tenant quits that job after being notified of a pending garnishment. If you have accepted checks from them you can also attach their bank account. But you must first win the judgment.