NFRC: Any legal minds here?

A

ann

Well-known member
Twelve yrs ago I won an eviction and $ judgment against 2 unmarried tenants. When the tenant viewed apt, he brought his sister along, not the girlfriend, so I didn’t get girlfriends S.S.#. Big mistake.

Didn’t pursue judgment, because I figured they didn't have any assets and I thought we’d see the money the day they each wanted to purchase a home.

I’ve found “her.” Confirmed by picture and learned married name, birth date, and called former employer, but she left. Then I found her divorce on the county circuit court website. I also, found some previous? addresses, but I confirmed with city assessor that she’s not the owner of the property. Now, I’ve just found her full name on Facebook and it says she’s in another state.

I read online that the Dept of Motor Vehicles gives creditors a list of all registered vehicles that a debtor has. This might confirm where she is? Would I be able to try this in her new state?

Or would you:

Send “DO NOT FORWARD / ADDRESS CORRECTION REQUESTED” mail to her old addresses and see what I find?

Re-open the case/docket and let the court do a writ of execution, to learn where her bank account is or other property?, or is it too late for that?

Address her on Facebook? I know it’s her because I checked people search on all her friends and they’re all from same town or nearby.

Or am I just plain out of luck without the S.S.#?

Thanks for reading,

Ann

My stupid question. When you’re recovering the judgment, is it 50/50 split equally between both debtors, or if you find only one of the debtors, can you recover 100% from one tenant?

 
Yikes--but good luck. I am not a lawyer, but I'd advise against direct-addressing her

on Facebook, only because it's a gray area and could easily be misconstrued as harassment. smileys/frown.gif Plus, it could backfire and make you the target of angry friends of the debtor.
Can you talk to the police or small-claims court? Good luck!

 
I would think that being it was twelve years ago,

you would not legally be able to do anything about the debt; statute of limitations (I think, no legal mind here). I am not sure how many years it is, but I think that if it long ago, you cannot collect on the debt. I agree with Erin about addressing her on Facebook. You can ask her to be your friend and if she accepts, then private message her. Explain who you are and about the debt owed and ask her to make compensation.

 
I'd contact an attorney, and I'd not contact on Facebook, if only to avoid giving a head's up

that you've spotted her.

On second thought, I'd go back to the court where the judgment was rendered and see what you need to do. The clerk's office should be able to give you info.

 
in CA, judgements are good for 10 years and then you can renew them (nt)

ask @ the small claims court about collection.
In CA, you can demand that the debtor answer questions about assets, etc.
AND where they work and have checking accounts, etc.

 
I agree with Erin, It can actually go against you if you attempt to contact her on facebook,

she can probably file against you for harassment, I know.. but because it's a public forum she can cite that you are harassing her.

Look up the state statutes in your state, they are on line.

Too, its possible that even if the time has run out for filing... but you can show you have actively pursued her then you most likely can have the judgment enforced, too... if you can show that she has evaded all attempts to disregard the judgment that too can go in your favor.

I'd say you have nothing to loose, first starting by viewing your state statutes, odds are quite likely you'll need legal assistance.

I wish you good luck, I am with you, you should follow every avenue to recoup your monies.

 
In AZ and MO, if no action has been taken to collect the debt, and no payments...

...have been made by the debtor in six years, the debt is considered valid, but uncollectable.

Get a lawyer familiar with this type of thing, or you could throw good money after bad.

Michael

 
A lawyer can run a people search to find her. Generally the judgment has to be

registered as a "foreign" judgment in that state. You would then want it recorded in whatever county in which she owns property. It then comes up in a deed/title search if she tries to sell the property and she can't clear the title and sell the property until the judgment is paid. Or sometimes you have sheriff/constable execute which means they go out and confiscate property which usually doesn't work out or amount to much here where I am.

 
Thank you all for your responses. I will not contact her. The clerk verified judgments are good 20

years. We're talking $1,408 with 10% interest split amongst 2 tenants.

I have to contact a Judgment Atty and ask what their judgment collection fee is before as Michael I'm "throwing good money after bad."

Then this happened in a small town of 10,000 so the atty has to drive 50 mi on the clock.

I've learned a big lesson. Get Social Sec. number and/or Driver Lic. #. Or find another tenant.

I could also turn my case over to a collection agency and see if they can collect.

Have a great day!
Ann

 
Ann...one more idea: can you take a loss on taxes that might offset getting the cash?

I know it isn't the same as getting cash back, but it may be a possible alternative.

Also...I have no clue what your age is, but check your library system. Some have local volunteers who will help senior citizens with issues like this for no or low fees.

 
Actually, if you can petition the court, to garnish her tax returns, or wages, after all there is a

judgment in place and that has to be honored. Maybe if you make a request to the court you originally obtained the judgment against your tenant they could enforce the court order and it may not cost you attorney fees.

It doesn't make sense to me that you would have to hire a new attorney and all expenses when there is an actual order in place. You can go to that court.. AND FROM EXPERIENCE REQUEST TO SEE THE JUDGE .. YOU HAVE A RIGHT TO DO SO (clerks are good BUT THEY ARE NOT THE JUDGE)... and let them know all the NEW information you have and see if they will enforce their original judgment and since you found out it is good for 20 years, they should enforce the ORIGINAL JUDGMENT.

Ask too if you can request future wages and or tax return monies to pay your judgment.

Hope this is helpful.

 
I've often heard it said that 'getting a judgement' and 'collecting a judgment' are ...

...two different things.

I would be surprised if a collection agency would commit resources to go after someone for a relatively small amount of money. I would be even more surprised if an attorney saw any motivation to get involved without payment up front from you. At $175 to $275 an hour, you'd eat up that $1,400 REAL fast.

Michael

 
dianncy1964: This is interesting. My 2 BIL's own apts too with much greater judgments that mine.

We own a lot of apartments, and we recently took over as our own property manager. I think I should learn about debt recovery.

I read I should've set up payments in 1997, though when someone's evicted and they don't share their forwarding address, it's hard to find them.

I found a Vehicle/Driver Record Information Request that's supposed to give me a list of all registered vehicles the 2 tenants own. That would tell me if both are still in the area.

I actually used to live down the street from the presiding judge. He and I spoke when he was going door to door running for re-election.

I'm going to look into your suggestion for garnishing her tax return since she may have just quit her job to be a stay at home mom. I verified this.

Thanks!!

 
A standing order from a judge cannot be discarded, I admit it will take some work to have this

enforced.

The key to all of this is that there IS an existing order, by a judge, for recovery of monies, it just can't be swept under the rug, and since a judge has made a ruling it must be enforced, not with a public collection agents but with collecting agents of the state, county, or city where the order is to be enforced and that collection costs no money from Ann it a service that the court offers.

Ann you would have to file an order for income tax garnishment or any garnishment. You may have to represent the original judges ruling and order to have a current court system act on the judgment.

You have an absolute right to go to the courthouse and request a certified copy of the original judgment, here in Phx that costs 36.00 to get obtain that document(s). And with those documents (if you don't still have the original documents) you can enforce the current court to act and enforce the original judge's ruling for monies owed you... and as I see it, unless you don't have the original documents your costs should be: whatever it costs to obtain a certified copy of the original documents and court filing fees which should be under 100.00, here in Phx it costs 65.00 to file an order. And you can recoup all of those fees on the tenant because of your original court order. And should you go to any extra expense you can request the tenant be held responsible because of the original court order.

Here is also a thought, you can sue the tenant civilly for all monies for disregarding a court order and too still recoup all monies.

 
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