Tenant refuses to accept certified letter

[ranger12]

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

A tenant left owing back rent and an unpaid water bill. She refuses to return phone calls and emails and has not picked up a certified letter from the post office.

I suspect that since I live out of state she thinks I will not follow through, but I plan to take her to small claims court --- she owes almost $2000.

Is there anything else I should do before filing the claim with the court?

I have offered to settle for less than she actually owes. If I go to court, I will ask for the entire amount. Will I also be awarded travel expenses? What other expense are commonly awarded to landlords in this situation? I doubt she will voluntarily pay anything. How difficult is it to garnish wages? Does MI allow a landlord to take money from an income tax refund to settle a debt?

 

[Banned_Princess]

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

A tenant left owing back rent and an unpaid water bill. She refuses to return phone calls and emails and has not picked up a certified letter from the post office.

keep the certified letter unopened, and send another one normal mail.

Is there anything else I should do before filing the claim with the court?

Just send one normal mail.

. Will I also be awarded travel expenses?

No.

What other expense are commonly awarded to landlords in this situation?

Legal fee's, hire a lawyer in the town of the property, let him go to court for you, you wont have to show, and add his fee's and court filing fees to the complaint.

I doubt she will voluntarily pay anything. How difficult is it to garnish wages?

Very. hard to garnish bank accounts too. but if you subscribe to any of the three credit beuro then you can list it on her credit report. and you can hire a collection agency. Or you can go to any length to try to collect the money yourself, by calling her job, or family. (not asking them to pay it, but like asking where you can find her, something like that)

Does MI allow a landlord to take money from an income tax refund to settle a debt?

No.

 

[ranger12]

Thanks for your reply. What would an attorney typically charge --- flat fee or percentage of award?

 

[Zigner]

Thanks for your reply. What would an attorney typically charge --- flat fee or percentage of award?

I would expect a flat-fee + expenses.

 

[JETX]

Unless you are absolutely CERTAIN that you will be able to convert that judgment into CASH.... do NOT hire an attorney to represent you.

Tenant judgments are some of the hardest to collect. If the deadbeat can't even keep a roof over his/her head.... what makes you think they will have a pile of cash laying around to pay your judgment??

 

[atomizer]

Unless you are absolutely CERTAIN that you will be able to convert that judgment into CASH.... do NOT hire an attorney to represent you.

Tenant judgments are some of the hardest to collect. If the deadbeat can't even keep a roof over his/her head.... what makes you think they will have a pile of cash laying around to pay your judgment??

It's not always about the money. If OP has never taken anyone to court he could possibly blow the case and be out cash and expenses while his tenant sits there laughing. By hiring an attorney, hopefully a judgment will be awarded that OP can seriously turn on the misery index on the ex-tenant. Tenant may not be able to find housing with anyone that does background checks, etc. OP will be walk out of court knowing that someday he will collect on that judgment. OP has to think long term benefits. Letting someone off the hook just because they are deadbeats is doing the rental community a disservice.

 

[ranger12]

She is employed.