Partial Payment After a Small Claims Default Judgment

[DJ333]

What is the name of your state (only U.S. law)? TX

Hi,

I received a Small Claims Default Judgment against an apartment complex that unfairly denied my application and then kept my deposit. I have recorded the abstract of judgement with the county. The judgement is for 3X the deposit amount, plus fees. A year later, a month after the judgment date, they sent me a check for the original deposit amount as if nothing had happened. Am I free and clear to deposit the check? How should I then reference that "payment" when attempting to collect the "balance"?

Thank you

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

Hi,

I received a Small Claims Default Judgment against an apartment complex that unfairly denied my application and then kept my deposit. I have recorded the abstract of judgement with the county. The judgement is for 3X the deposit amount, plus fees. A year later, a month after the judgment date, they sent me a check for the original deposit amount as if nothing had happened. Am I free and clear to deposit the check? How should I then reference that "payment" when attempting to collect the "balance"?

Thank you

A partial payment does not make the judgment go away so I would go ahead and cash the check. When you attempt to collect the balance just reference the new balance due.

 

[adjusterjack]

attempting to collect the "balance"?

How do you plan on doing that?

 

[Zigner]

How do you plan on doing that?

The same way he can collect now.

 

[single317dad]

How do you plan on doing that?

Placing a lien on their property should get their attention.

 

[LdiJ]

Placing a lien on their property should get their attention.

Levying their bank account would work well too.

 

[DJ333]

Levying their bank account would work well too.

Thanks everyone - I deposited the check. I could use clarification on something, isn't registering the abstract of judgment the same thing as placing a lean on the property? Could I levy a bank account for the business? What would be good next steps?

(I appreciate it, this is my first time navigating the small claims system)