Collecting on a judgment from an evicted tenant

[Cheryl C.]

I realize that this is probably a waste of time but I want my pound of flesh. I've read some posts about turning things over to a debt collector. I really don't care if I ever see a cent but I'm going forward with the eviction, judgment and docketing etc. I know that "pro's" don't let this type of thing get to them. This is my first time in landlord-tenant court in 15yrs. It's been so long that I hired an attorney to make sure the i's were dotted and the t's crossed.

Here is my question: can I go after a tax refund?

I've really bent over backwards for this tenant (my mistake!). No good deed goes unpunished. The place is a pig-pen and was newly renovated at her occupancy. Who lives like this? I turned it over to a lawyer 9/8 and it wasn't filed until last week. I can't believe she's still in there. I checked today. In the past, tenants have agreed to leave when they got behind. Should I just let it go? Damage is probably 6K, plus 4K rent and costs. I doubt I'll collect anything but I want to warn future LL's.

[Rob K.]

In my state, when you go to court, you can get a possession judgment and money judgment at the same time. If they don't pay within 21 days, then you can take further steps. You can not garnish anyone's federal tax refund. In my state, you can garnish a state tax refund and it's a simple process.

If you know where these people work, you can garnish wages. The other option is to haul them into court for a discovery hearing where they bring in all of their financial everything. I did this once and the defendant didn't show up to court and the judge put out a warrant for her arrest. After about ten months, she was arrested and her bond money ($2,000+) went to me. It was great.