Collecting from ex-tenants?

Question

We recently received a letter from our landlord services indicating that they bankcrupce filling by our ex-tenants was disimissed indicating that we had the right to retry to collect from them. This should clear the way for us to collect almost 10 k they owe us in back rent due and legal fees.

How do we go about that? I heard something about putting a lien on their salary.

Question:

Does the court do that for us automatically since we won the case against them in court? or do we have to hire someone and try to collect? This occured in Modesto California.

Thanks in advance

Cesar

The only legal action taken was to kick them out thru Landlord eviction service. At the time it seems like we were just going to loose the back due rent. Only recently we were adviced in written that their attempt to declare bankcrupcy failed thus, clearing the way for us to go after them.

Cesar

Answer 1

I'm not clear here.

Have you already sued for the back rent and been awarded a judgement?

If not (if your suit was suspended because of the bk filing), you need to complete that step first.

After you have a valid judgement in hand comes the hard part. as you're about to discover, actually collecting from someone who doesn't want to pay can be difficult.

Pull another credit report on them. Then tour every financial institution mentioned with your judgement in hand [you may want or need a certified copy from the court for each such firm]. What you're looking for is an account that you can seize the money from.

The secondary effect is that every such firm will be notified that these people's money is wanted and they lost a vase resulting in judgement. This may allow credit card accounts to be closed and other debts accelerated.

you'll also want the list of creditors they sent to the bk court [which you likely already have]. give it the same treatment.

If an income source was reported to the bk court, you may be able to take your judgement to it and ask for an attachment of salary, etc. [alas, some income sources aren't subject to this sort of action.]

and ask the bailiffs and clerks down at both the regular civil court and bk court for advice. [can't hurt, can it?]


unfortunately, that's the easy part. If it doesn't work, consider selling the debt to a collection agency.

I'm not knowledgable about getting the judgement into their credit reports -- mailing a copy to each of the three credit reporting agencies may be enough (and it may have already happened through the agencies monitoring of court actions).

GL

afterthought: you may be able to search the CA motor vehicles dept records for cars that you can put a lien on. you can also search the land records in each CA county for property they may own that you can file a lien on.

Answer 2

you ought to not be beginning somebody else's costs in any respect, for any reason! that is unlawful! once you get carry of mail that is not for you, basically write "not AT THIS handle" and positioned it decrease back in the mailbox. If an agent exhibits up, basically tell him the guy he's searching for would not stay there. you could supply him the owner's touch training, because of the fact the owner would understand the place the previous tenant has long gone. you're below no criminal duty to do this.