Can I Get Back What Has Been Lost?

[Kyle Baron]

Hello Investors and fellow Bigger Pockets Members! My name is Kyle, and I've recently Evicted my first tenants. They will be out of the property in two days. They have been Evicted due to not paying rent, which I have been informed I can go after collecting in Conciliation Court. I don't know much about Conciliation Court, but I would like to get back what lost rent I can, if at all possible! How can I go about filing for Conciliation Court in Minnesota? Do I need a lawyer? Should I consult an attorney? The attorney that I've already addressed on the matter told me that the process is pretty simple and that most people just end up doing it on their own. Where can I start? Does anyone have any experience with this? Thank you in advance for your tags referrals advice experience guidance and knowledge!

[Amber Gonion]

It’s really simple, you file at your county courthouse, cost about $70 in Mn. No attorney needed. I think the limit now is $15,000. Be prepared and bring documentation of everything, bank records, eviction, condition of place upon leaving etc. file for lost rent and additional damage if any not covered by damage deposit.

Once you win your judgement the tough part begins. If they paid by check you should have all the information you need, file for writ of execution and the sheriff will take whatever is in their bank account. If they work, file for a writ of garnishment and they will take up to 25% of their wages, unless they make too little.

In most cases if they are evicted they make poor decisions and don’t have a bank account or steady job. If that is the case then use higher criteria next time to avoid someone like that (which is not a guarantee but increases your odds).