how would the court make someone pay, specially if they don’t have the money?!!!

[switchex]

What is the name of your state? MD
Thanks to all who replied to my earlier post “Should I evict if tenants says they are leaving anyway?” .. I have filed for my tenants eviction and also filed a suit for damages. My question is, what is the next step? Form what I understand the tenants will be leaving the house in mid January and will move to a different state (needless to say, without paying for Dec and Jan rent, cost of property damages, and early termination penalty)..

1 - What will happen if he does not get served on time?
2- What if he gets served but not show up for court?
3 - If he does show up and the judge rules in my favor, will I be able to actually collect any money for past rent, damages, and expenses?
4 – how would the court make someone pay, specially if they don’t have the money?

Thanks

 

[psqured]

1. You will probably have to get a skiptracer to find him
2. Then you will probably win a default judgment.
3. If he has personal property (car) you might be able to put a lien on it depending on state law. If you know where he works you can get the court to garnish his wages. If you have any of his old rent checks you can have to court garnish the account depending on state laws.
4. If you have a judgment against him you just might have to be patient until he accumulates some money and then attempt to collect at a later date.

 

[switchex]

ok, so let's say the judge says my tenant owes me $3000 in rent and damages. Is the judge is going to force him to pay up in anyway? will the judge give him a deadline? Or is it up to me to once again go after the guy and take him to court again if he doesn;t pay.

As far as garnishing his wages, i think he works cash becasue in the past he had always paid me with a cashier/bank check, never a personal check .. so i am thinking no luck there. and i think he drives his moms car! no luck there either .. he is just 20 years old, so not much of wealth ..



Sorry, these are probably questions for a different chat ..

 

[treese]

Is the judge is going to force him to pay up in anyway? will the judge give him a deadline?

If the judge rules in your favor, the court can order a defendant to pay a judgment by a certain date or by installments.

Or is it up to me to once again go after the guy and take him to court again if he doesn;t pay.

Yep.

You can file for an execution to collect an unsatisfied judgment and request a wage, property, or bank execution or a wage or property attachment depending on state laws.

You can also request that the court issue postjudgment interrogatories, to find out what property the tenant has. If an execution does not satisfy the judgment or the tenant does not respond to the interrogatories within 30 days, the you can request that the court issue a petition to examine the tenant and subpoena documents.

You can report the judgment to th 3 credit bureaus and, at least, mess up his credit and possibly force payment if the tenant is denied rental housing or a car loan due to the unsatisfied judgment.

Your judgment is good for 12 years in Maryland. It can be renewed for another 12 years. So while your tenant may not have assets now, chances are fairly good that sometime in the next 24 years, your tenant will get a job, make money, open a bank account, rent an apartment and probably buy a house. And when that happens, you can garnish, lien and levy those assets to get the judgment paid.