Collecting in small claims court

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Has anyone ever taken a delinquent tenant to small claims court to collect past due rent after eviction?

[Jeff Takle]

I don't think it's just about getting the money back, it's about doing what you can to prevent it from happening to others. By getting a judgment in small claims court, they get a black mark on their credit record (that judgment can be listed on their credit report). Any future landlord who gets a credit file can see they had a judgment for nonpayment of rent -- a pretty clear indicator.

Also, it only costs about $50 to file in small claims court. You learn the process, which is always good education, and you have a chance at getting the money back. How much chance do you have of getting the money back if you do nothing? I'd say none.

Yes, I've filed in small claims court. Call the court office or, better yet, go down there and talk to the people who work there. Explain what you'd like to do. They will walk you through the 2-3 forms in about 15 minutes. You send a couple of notices off, wait a few weeks, and then get your court date. There's a very good chance the tenant won't show, in which case you'll win.

When you win, contact a debt collection service to go after the debt. They will report the overdue rent to all three credit bureaus monthly, in addition to the judgment. Between the debt collector and the judgment, you'll stomp all over the tenant's credit report, pretty much ruining their chances at future rentals. That is often our only recourse as landlords and therefore, our responsibility to the others in our profession.

How awesome would it have been to see that nasty record when screening the tenant before they moved in? That kind of help is priceless.

-Jeff