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Judgment for Plaintiff...will I get it?

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RinkBoy

Junior Member
What is the name of your state? NH...

I am trying to collect $2400.00 in back rent from an ex-tenant, have been through the Small Claims process to the point of being awarded a judgment from the court, the 30 days the tenant had to pay me are up today and I am ready to file a "Motion for Periodic Payments", in NH, I think this means the tenant will be served a notice to appear in court...which he may not do...if he does not, I understand my next step is to have him put under "Civil Arrest"...here are my questions...

What does "Civil Arrest" mean?
If he does show in court, what will the judge likley do?
Am I wasting my time here or are there repercussions for him for not paying me?
Any other advice would be appreciated!

Last I knew...which was 30 days ago...the tenant and his wife...who is also named in the case... were both employeed and had just moved into a new apartment...out of the camper they had been living in since vacating my property...so conceivably they have some income now.

Thank You!What is the name of your state?
 


WyldRice

Junior Member
CIVIL ARREST?= no idea...???
IMHO- moneys great! Congrats on winning!
but if the losers were living in a camper, i'd be happy just to have them gone! ;)

...as far as collecting, they could garnesh their wages if it's like here (in MN).
(we are going thru the same thing, and found out, it may be 3 court visits before that garnish thing happens!)
so it may be a while before you (and i) get paid...

sorry i dont have any better advice, hope this helps a little.
Good Luck! God Bless! :eek:
 

dcatz

Senior Member
I am ready to file a "Motion for Periodic Payments"

Why? Don’t you have banking information on your ex-tenant? Don’t you have a credit application? Can’t you enforce without the motion? I would think that the Motion should be your last recourse, not your first.

What does "Civil Arrest" mean?

Depending on the state, something between “a possible inconvenience” to “about zero”. It’s a response to civil contempt, which will be ordered against the debtor, if he fails to show up for the hearing on the motion.
524:6-a Periodic Payment of Judgments. – Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant's ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant.
Few states have the manpower or the facilities to enforce civil contempt but, if your state does, the judgment debtor gets to stay in jail until there is compliance or an agreement for compliance. The Catch-22 is that, if he’s in jail (pretty unlikely), he’s not earning wages that allow him to comply with a payment order.

Am I wasting my time here or are there repercussions for him for not paying me?

The repercussions were just explained. You have to decide whether it’s wasting your time. I’d say yes, if you have alternatives, and you just explained two alternatives – wage garnishment and an assignment order for the rent being paid to the new landlord - without mentioning a bank levy.

Any other advice would be appreciated!

Learn how to enforce judgments in your state (usually a brief bit or reading on the courts’ sites); turn it over to a collection agency or sell the judgment.
 

Dandy Don

Senior Member
Talk to an attorney who specializes in small claims court cases or debt collection and they will have professional suggestions about how you can attempt collection from this person.
 

dcatz

Senior Member
Talk to an attorney who specializes in small claims court cases or debt collection and they will have professional suggestions about how you can attempt collection from this person.
He did and I did - three options, with suggestions for evaluating additional alternatives. Actually paying local counsel for the same information is an excellent suggestion - for the profession - but there won't be much of the $2,400 left, and whoever would spend the time is someone the OP doesn't want.
 

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