Small claims court for rental damages - Posted by Melony-FL

Posted by Guy on November 24, 2000 at 14:41:25:

Boy Mel, you just got all kinds of problems don’t you? From Gay tenants to problem houses.

Ever consider a different business? Like flippin burgers!

Sheeeesh

Guy

Small claims court for rental damages - Posted by Melony-FL

Posted by Melony-FL on November 24, 2000 at 13:33:19:

A couple of quick questions…

How do you take someone to small claims court for damages if you don’t have their “new” address?

Even if I get a judgement, what are the chances of me ever collecting?

Re: Small claims court for rental damages - Posted by Mark (SDCA)

Posted by Mark (SDCA) on November 27, 2000 at 11:57:14:

Let me address the 2nd part. What are your chances of collecting? Probably slim. But so what? WHat does small claims cost? I just did one and I believe it cost me 18 dollars plus some postage.
I now have a $2500 judgment, good for 10 years, renewable for another 10. Will I ever collect? Probably not. But the former tenant will now find it much harder to buy a house, rent an apartment, buy a car etc. As far as I am concerned, that is money well spent in terms of my satisfaction if nothing else. And who knows… maybe they play the lottery frequently.

Mark

Re: Small claims court for rental damages - Posted by dewCO

Posted by dewCO on November 25, 2000 at 10:39:06:

As Brian says you might hve to wait them out, and weight the cost (and time a small claims court action) vs. the fact that you may get nothing back.

Do you know where they work. You can get a garnishment against their salary if you know that.

(Don’t know who the jerk “Guy” is who responded first, but it takes all kinds I suppose.)

Re: Small claims court for rental damages - Posted by B.L.Renfrow

Posted by B.L.Renfrow on November 24, 2000 at 18:16:07:

How to locate them: try the easy methods first. Pull a credit report, which you are legally entitled to do. Maybe their new address will show up. If not, try sending mail to their previous address, and mark it “FORWARDING AND ADDRESS CORRECTION REQUESTED.” Some say the postal service doesn’t honor this any longer, though it seems to be a regional thing, so it’s worth a try. If all else fails, a good skip tracer can locate almost anybody in about 15 minutes without ever leaving their computer. Depending on how much you are owed, it may be well worth the fee.

What are your chances of collecting? Depends…do they have assets? Bank accounts? Income? Assets and bank accounts can be seized, wages garnished, etc. Even if they appear broke now, who knows what their situation will be down the road. If they find themselves unable to get credit in the future because of your judgment appearing on their credit report, they may suddenly be very willing to pay you off. Though you might have to wait them out, if you are owed any significant amount, it’s probably worth it to go ahead and take them to court.

Brian (NY)