Comments on: SUING AN EX-TENANT FOR PAST DUE RENT: What Factors To Consider http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/ Tristan's Landlord - Tenant Law Blog Tue, 15 May 2012 19:37:19 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/comment-page-1/#comment-1897 Tristan R. Pettit, Esq. Tue, 17 Jan 2012 21:22:26 +0000 http://petriestocking.com/blog/?p=400#comment-1897 Adi -- Yes, if you have given a tenant a notice that they breached the lease (either for failure to pay rent or something else) and they fail to cure the breach within the required time frame, the next step would be the filing of an eviction action to have them forcibly removed. Adi — Yes, if you have given a tenant a notice that they breached the lease (either for failure to pay rent or something else) and they fail to cure the breach within the required time frame, the next step would be the filing of an eviction action to have them forcibly removed.

]]> By: adi http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/comment-page-1/#comment-1893 adi Tue, 17 Jan 2012 02:58:35 +0000 http://petriestocking.com/blog/?p=400#comment-1893 teant owes me rent past due $258+678 +$20 daily late fee for 2 month she dont want to leave gave 30 days 3 days notice she still lives in house almost end of month should i sue her or evitcion her iam in fl please please help she never flow the lease with security deposite payment teant owes me rent past due $258+678 +$20 daily late fee for 2 month she dont want to leave gave 30 days 3 days notice she still lives in house almost end of month should i sue her or evitcion her iam in fl please please help she never flow the lease with security deposite payment

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/comment-page-1/#comment-1821 Tristan R. Pettit, Esq. Thu, 22 Dec 2011 22:36:03 +0000 http://petriestocking.com/blog/?p=400#comment-1821 I'm assuming this occurred in Wisconsin. If a tenant owes a landlord money that is a breach of contract action. The statute of limitations for breach of contract in Wisconsin is 6 years from the date of the breach. So any suit to recover the money in Wisconsin owed would need to be brought by the landlord within 6 years of the breach. I’m assuming this occurred in Wisconsin. If a tenant owes a landlord money that is a breach of contract action. The statute of limitations for breach of contract in Wisconsin is 6 years from the date of the breach. So any suit to recover the money in Wisconsin owed would need to be brought by the landlord within 6 years of the breach.

]]> By: Johannes Vanderburgt http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/comment-page-1/#comment-1814 Johannes Vanderburgt Tue, 20 Dec 2011 22:33:26 +0000 http://petriestocking.com/blog/?p=400#comment-1814 Tenant moved out the end of this last June, 2011 leaving without paying for that month. Is there a time limit before we take them to court? Tenant moved out the end of this last June, 2011 leaving without paying for that month. Is there a time limit before we take them to court?

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/comment-page-1/#comment-1391 Tristan R. Pettit, Esq. Wed, 14 Sep 2011 00:20:59 +0000 http://petriestocking.com/blog/?p=400#comment-1391 Dear S Jones. -- Collection agencies can get involved either before you obtain a judgment in court or afterwards. A garnishment action is a separate type of lawsuit that can only occur after you have obtained a judgment in court. So which avenue you pursue really depends on where in the process you are and what the chances of collection are. I would really need to know more about the specifics to offer any suggestions. There are also other options like Rent Recovery Services out of Florida. Dear S Jones. — Collection agencies can get involved either before you obtain a judgment in court or afterwards. A garnishment action is a separate type of lawsuit that can only occur after you have obtained a judgment in court. So which avenue you pursue really depends on where in the process you are and what the chances of collection are.

I would really need to know more about the specifics to offer any suggestions. There are also other options like Rent Recovery Services out of Florida.

]]> By: S Jones http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/comment-page-1/#comment-1385 S Jones Fri, 09 Sep 2011 20:03:44 +0000 http://petriestocking.com/blog/?p=400#comment-1385 Do you have any suggestions on collections agencies? Is this different from filing for garnishment? Our ex-tenants left without provider us a telephone # to contact them, and their cell phones are disconnected; do we need to locate them first before any of this can be done? Thanks Do you have any suggestions on collections agencies? Is this different from filing for garnishment? Our ex-tenants left without provider us a telephone # to contact them, and their cell phones are disconnected; do we need to locate them first before any of this can be done?

Thanks

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/08/31/suing-an-ex-tenant-for-past-due-rent-what-factors-to-consider/comment-page-1/#comment-1329 Tristan R. Pettit, Esq. Fri, 12 Aug 2011 20:17:00 +0000 http://petriestocking.com/blog/?p=400#comment-1329 Michael -- With regard to garnishment, ite depends on the county in which you are in. In Wisconsin, you can only garnish wages in the county in which the judgment occurred. So if the defendatn works in County X and the Judgement was taken in County Y, then you would need to transfer the judgment to County X before you could file a garnishment. I'm not sure how other states do it - you should talk to a lawyer in that specific state and county. Yes, judgments are often dischargeable in a bankruptcy. If you dont yet have a the judgment, a debtor filing bankruptcy may also prevent you from attempting to obtain a judgment (its referred to as a "stay") until you ask the bankruptcy court to lift the stay, if applicable. T Michael — With regard to garnishment, ite depends on the county in which you are in. In Wisconsin, you can only garnish wages in the county in which the judgment occurred. So if the defendatn works in County X and the Judgement was taken in County Y, then you would need to transfer the judgment to County X before you could file a garnishment. I’m not sure how other states do it – you should talk to a lawyer in that specific state and county.

Yes, judgments are often dischargeable in a bankruptcy. If you dont yet have a the judgment, a debtor filing bankruptcy may also prevent you from attempting to obtain a judgment (its referred to as a “stay”) until you ask the bankruptcy court to lift the stay, if applicable.

T

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