Notices

Need some legal advice

Old 12-11-2004, 06:08 PM
  #1  
Senior Member
Thread Starter
 
Join Date: Sep 2004
Location: Gainesville, Fl
Posts: 107
Likes: 0
Received 0 Likes on 0 Posts
Default Need some legal advice

Hi,

I am renting out a condo in Tempe, Az, and the tenants (whose lease is up in december) now are 2 months behind in rent. I sent them a notice and they pretty much moved out ahead of schedule....so it comes down to the point where they owe me about $1600 in back rent.. ...how do I legally go about recovering these moneys???? (I'd much rather waste it on my boat)....can a "non-commersial" entity use a collection agency..........do I need a lawyer (does anyone know someone that wouldn't charge me an arm and a leg?????)

Thanks,

Fredric
Old 12-11-2004, 08:01 PM
  #2  
Senior MemberCaptains Club Member
 
Join Date: Jun 2004
Location: CLeves Ohio
Posts: 1,408
Likes: 0
Received 418 Likes on 235 Posts
Default RE: Need some legal advice

u can go to court and have there wages garnished for the money. of course that is if u know where they and they have a job. but thats how a friend of mine that rents has done it. he does'nt even use a lawyer he does it all by himself.
Old 12-14-2004, 04:23 AM
  #3  
Senior MemberCaptains Club Member
 
Garett's Avatar
 
Join Date: Feb 2003
Posts: 24,380
Likes: 0
Received 1,094 Likes on 610 Posts
Default RE: Need some legal advice

Small claims court would be another avenue. Good luck.
Old 12-14-2004, 05:57 PM
  #4  
Senior MemberCaptains Club MemberPLEDGER
 
Join Date: Feb 2004
Location:
Posts: 7,012
Likes: 0
Received 417 Likes on 194 Posts
Default RE: Need some legal advice

Your chances of finding a collection agency to handle it are somewhere between 0 and -0......... Think about this: Assuming that you had a legally binding lease (conforms to existing state law) and they breached it, and you can PROVE they breached it, then you may have a small claims court case. If the lease was due to expire in Dec and they were behind with Nov and Oct rent then you have suffered the 1600 in past due rent as well as the unfulfilled lease of one month, basically 3 months rent. Did they have a security deposit with you??? If so you need to send them a disposition letter (quickly) to the last known address and tell them that you are claiming their deposit as liquidated damages and demand any balance due in that letter. Assume that they don’t respond and you keep the deposit; is the remaining balance worth the effort to pursue???? If so, then proceed to small claims court with a current address where the defendants can be served with legal process and wait your court date. Assume that they don’t show and you’re granted summary relief by the courts, you can have the Sheriff serve a “FiFa” (order of seizure of property and execution by sale) You will have to store the seized property (bonded storage) and present it at the next scheduled Sheriff’s sale for disposition. IF the seized property sells for more than the amount of the summary judgment then it is up to YOU to refund the difference to the defendant, if for less then you can have the Sheriff do another execution and sale. How much is your time worth now that you have an idea of what’s involved…??????

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are Off


Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.