All Forum Posts by: Rose Feng

Don't dismiss the power of a garnishment or judgment. And a pox on all those landlords who say "don't bother with court-you won't collect"! Its still the best way to collectively notify the world of a deadbeat. You have the best weapon in the world to collect-you know where the person works! But you have to have a judgement in order to collect. In Georgia it's fairly easy to file a garnishment-one caveat is to make sure you serve it to the right entity. For example, if they work at "Joes Restaurant" at 123 Main St, and you have it served there, but the corporate entity Is "Joes Inc." at another address, they can have it quashed. A simple check of the states DBA or corporate filings will tell you the correct entity. As a bonus-if the employer does not answer or garnish-they owe the tab, and can dun the employee-I just collected my judgment amount IN FULL from the employer!

if i had been taking checks from them all along i would cash the checks without delay.  If they are tight on cash the money might not be there if you wait. 

If the checks do bounce, follow through with the eviction, unless they give money orders for all due including nsf fees.

If you post a notice to quit they will probably leave, especially if they already have another place lined up.  I would try that first, even if your lease waives the notice.  You can still follow up through with the courts if you think you will be able to collect.

You are assuming the tenant is leaving March 2nd because the lease expires. What if they don't?

Start the eviction process now. Being served with notices and paperwork is a great motivator. It's unlikely you see your money, but you'll have the wheels in motion (if not a judgment in hand) by March 2nd.

 It seems like they should have options.  It looks like rent is too far down on their priority list.  

I would ask them when they can move out.  My target would be to get them out in a week or two.

It might mean you lose the possibility of getting January's back rent, but you should be able to get a tenant that pays on time for March and possibly even part of February.

I would lay out their options - move out in a timely manner or get evicted.  They should be able to find a decent affordable option.  However they get evicted, they will have fewer options and may be forced to live in a motel.

The best thing for the kids would be for the parents to do what it takes to provide a stable home for them.  Paying rent on time is part of what is required.  If you are a little bit tough with them, maybe it will be a lesson.  If you aren't they will keep doing this and bouncing from place to place.

My PM company sends these to collection and the collection company grosses up the amount due from the tenant so I get all that is due to me and the collection company gets all that is due to them. If they have a viable job then we go collection and they always pay. We don't rent to folks without a solid work history so this rarely happens. Guess we've been lucky.

Obtaining Unpaid Rent Through an Eviction Lawsuit

In the lawsuit, the landlord typically asks for possession of the rental (an order from the judge, telling the tenant to move), plus a judgment for unpaid rent. If there’s a security deposit, the landlord can use this to cover the rent, but doesn’t have to. Instead, the landlord can treat the judgment for back rent just like any other judgment in any civil suit: If the defendant-tenant doesn’t pay it, the plaintiff-landlord can go after assets, such as bank accounts and wages.

Garnishing wages thus requires a court judgment, and it also requires a court order to the employer, directing the employer to withhold an amount of money from each paycheck, and send it to local law enforcement, who will see that it’s paid to the plaintiff. Individuals can’t garnish wages on their own. They must go through the courts, obtain a judgment, and obtain a garnishment order after that.

(I found this article on line just to make sure I was correct in my analysis.  I have had fellow landlord friends in my county who did garnish their wages, but wanted to double check before posting this article.

If you can't collect back rents, you can write it off (expense account) in QuickBooks

Nancy Neville

If they haven't paid January rent, I would see how soon I get them to move out.  It might be worth even giving them a little bit of money(once they are out of the place and it is in reasonably good condition).

The alternative seems to be them being there for 6 weeks(at least) and not getting any more money from them.