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Updated about 4 years ago on . Most recent reply

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Mark S.
  • Rental Property Investor
  • Kentucky
526
Votes |
1,305
Posts

Wage Garnishment - Memphis, TN

Mark S.
  • Rental Property Investor
  • Kentucky
Posted

Tenant in Memphis, TN is supposed to be moving out.  Hasn’t paid rent for November (despite telling PM he would pay by a particular date).  PM states they’ve been trying to collect November rent all month and when they recently called him, phone is disconnected.  My guess is tenant used money that should have been paid to us for November rent to get a new place.  PM knows where he works (assuming he is still there).

 Can we/the PM legally garnish wages for unpaid rent?  Is there any other recourse other than him forfeiting his security deposit?  This is my first experience with this and trying to figure out 1.) What legal actions we have available and 2.) Whether or not it is even worth PM pursuing or if we just chalk it up to loss as a cost of doing business.  

I am waiting to hear back from PM as they stated the posted a notice on the door and were supposed to be sending someone out yesterday to check occupancy to see whether or not he still appears to be living there (or just fled).

This is in Memphis, TN.  Any feedback or insight would be greatly appreciated.  Thanks.  

  • Mark S.
  • Most Popular Reply

    User Stats

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    Stephen Akindona
    • Investor
    • Memphis, TN
    844
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    Stephen Akindona
    • Investor
    • Memphis, TN
    Replied

    Hey @Mark S., as someone who has done a lot of evictions in the Memphis market both for my own personal rentals and client priorities, going for wage garnishment rarely works out! We have gone for it and been successful in getting money collected only a hand full of times. I think the primary objective should be possession. If the previous tenant has vacated and you have possession, you chalk up the lost rent as an expense and move on. Suing the tenant has a cost associated with it and you can win the suit and still not collect. 

  • Stephen Akindona
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