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any one that can help me???

post #1 of 11
Thread Starter 
I need to know how to go about getting someones paycheck garnished. My renter is probably going to be evicted and I still deserve the money he owes me, But I am not sure who to talk to or where to start the process and I can't seem to get anyone to return my calls here. I'm starting to get frustrated. Can anyone help. I'm in Iowa by the way if that is helpful in anyway.
post #2 of 11
You need to file a claim or suit in likely small claims court and get a judgement
post #3 of 11
Thread Starter 
But where do I start??? I feel like noone in this darn town will help me. It's so frustrating. He's been living in my rental, paying NOTHING to me, I've sent him letter after letter, telling him what he owes and letting him know how to rectify this. and now I'm done. At the end of this month, if he hasn't caught up his rent and paid the next months rent on the first as agreed in the rental agreement, he's gone. But I still feel we deserve our back rent. Am I just greedy or am I justified?
post #4 of 11
Do you have a lawyer in the town that you can get some advice from? Maybe check with the police department too.
Try googling "How to Evict a Tenant", here's one:
post #5 of 11
Originally Posted by jugen
But I still feel we deserve our back rent. Am I just greedy or am I justified?
Why are you even asking that? He's known that it is owed all along! it is not as if you said "okay...you can stay here 'till you're on your feet" and handed him a bill out of nowhere, you rented the space out to him.

He'd have been evicted anywhere else after months of non-payment, and I'm surprised that you've not done so already. You definately deserve the owed rent. It seriously sounds like he's been taking advantage of you.
post #6 of 11
Get a lawyer. As a landlord, you probably should have had one all along on retainer to help you work out a leasing agreement, etc.
At my apartment building you get an eviction notice after less than a month if you've had a prior warning. Post an eviction notice on his front door, detailing how many days he has to leave. Often, the number of days (us. 30) is governed by law and you have to follow the law. If he is not gone or has not paid all of his rent by that day, he is trespassing and you may call the police and have him arrested.
Quit trying to be nice. If you feel bad trying to get the rent from someone, maybe you should reconsider renting this property out because this will happen and does all the time.
post #7 of 11
Originally Posted by sharky
You need to file a claim or suit in likely small claims court and get a judgement
Small claims court doesn't always guarantee the money for you. They have to pay by the date or spend X days in jail.
I hate to say it, but you may not see your money again. I would stop waiting to see if he pays as its quite obvious he isn't. File for eviction and in 30 days you can start seeking new tenants.

The best I can say is that you'll bruise his credit because of this.
post #8 of 11
Will he owe for electric, water, cable bill too??? Make sure that is covered.
post #9 of 11
First you need to file Small Claims (as long as the amount you are going after is under your the minimum) here is Michigan that is $3000. You need to try and get the person served by a court officer. Once that is done a court date will be set. If the person shows up and the judge sides with you, you get a "Consent Judgment" and if the person does not show up you get a "Default Judgment" they are both the same thing. The person will then have 21 days to pay you off (with fees). If he does not pay you off you can garnishment his wages, bank accounts and also state tax returns.

Granted I am a Collections Manager in Michigan, so you will need to contact the District Court that covers the location of the rental property. The District Court office should have a hand out that explains the laws in your area.

Hope that helps
post #10 of 11
Thread Starter 
I've already given him an eviction notice. He's promised that he's going to pay so we give him the time he needs, well this time comes and goes, and nothing. Now he's got the state involved and is trying to get them to pay a months rent for him but I've enclosed a letter to them telling them all that he actually owes and how he's out by the end of this month if he isn't paid up. SO I don't know if they will pay or not. I'm not trying to be nice, I'm trying to go by the law. He's signed a rental agreement with us when he first moved in so I'm trying to go by the book to get him out. I guess I have to get a lawyer and go from there. God this guy is getting expensive.
As for the water etc, they are in his name, so he has to deal with those, not us, we rent a one bedroom house, but they pay all utilities.(thankfully!) But I guess we need to get them back in our name so they aren't shut off and we don't have to pay a rehook up fee when he goes. We had to deal with that crap with out first tenant. What a nightmare that one was and this one isn't turning out much better.
post #11 of 11
You need to get a judgement against him in either civil or small claims court, then you can have his paycheck garnished if you have a judgement against him. Procedurely it depends on what state you live in- either go to your state's website, and look it up, or seek the advice of a lawyer.
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