Attempt to Collect before Sheriff Lockout?

[Will F.]

Hi I just went through a stressful 4 month eviction lawsuit over a sub-lessor who was not paying rent.

We're a couple days away from the Sheriff finally coming to lock them out...what a relief.

Anyways I was wondering if it would make sense to meet them before and give them a letter stating how much back rent was owed and something on the lines of "if the back rent is not paid eventually then your credit will adversely be effected"

I don't actually think they will pay now, but possibly settle the debt owed in the future.

They claim that they will meet me before the sheriff comes to return the keys and move out.

I was thinking of delivering this letter to themat this time.

Then I would attempt to settle for about 30%-50% of the past due rent owed. If they do not I'll report them to credit agencies and eviction databases

I feel like it would be a good idea because once they leave, it will be unlikely I'll see them again.

(The reason for concern for giving them this letter is that I don't want this attempt to collect past rent to appear as us allowing them to stay and pay future rent. I suppose it will )

[Steve Babiak]

How is it you will be reporting them to the credit bureaus? I doubt you will be able to do that.

The eviction is already out there on the court records, so how do you intend to un-report that?

You can give them an explanatory letter, but you'll have nothing to threaten them with - unless you have a monetary judgment. In that case the monetary judgment will continue to show up in the judgments section of their credit report (because that gets pulled from court records). You can get them to settle and offer to go to the courts and have the court consider the debt settled. Or you can use "forgiveness of debt" in the form of 1099C, but then you don't get paid anything.