Garnish Wages?

[STEPHAN]

What is the name of your state? Florida

When filing for eviction you can file for Count I (eviction only) or Count II (open rent and eviction). Filing for Count I is much quicker, as you do not need to serve the court documents in person, so I usually do that. Also it usually does not make sense to try to get money from a tenant that is broke.

After a successful eviction ruling the tenant is evicted. The ruling gets published not only on the docket but also in the official court records.

The final judgement says:

THIS ACTION came before the Court upon Plaintiffs Complaint for eviction. On the evidence presented, it is ADJUDGED that Plaintiff recover from Defendant, possession of the real property described as follows: (Property) and $ 195.00 as court costs, for WHICH LETS WRIT OF POSSESSION AND EXECUTIONS NOW ISSUE.

Normally we are happy once the tenant is out and as we are usually quick and have deposits, we do not lose money.

But now I have a tenant where I would pursue this a little further if possible. She lied to the court about payments made to the court and delayed the process making the judge very upset.

I know her bank accounts and where she works for the government. With the above ruling, should I not be able to garnish the accounts or the wages?

 

[Taxing Matters]

With the above ruling, should I not be able to garnish the accounts or the wages?

No. Just based solely on what you quoted from the judgment, you don't not have a money judgment and a money judgment is what you need to garnish wages and bank accounts, take assets, etc to get money from the defendant. The $195 is simply a fee for court costs, not a money judgment against the tenant for damages or unpaid rent. What you've got is simply a judgment allowing you to retake possession of your property (i.e. evicting the tenant from the place). Having chosen to go for just the eviction action you very likely cannot now go back and sue for money damages. You should have taken the option for eviction + open rent (money damages) if you wanted to go after the tenant for back rent owed and any damages to the property. But I don't practice in your state and I've not read the entire judgment, let alone the other documents in the case. Perhaps there is something more in the judgment or court file that would enable you to go after assets of tenant. Before you go off trying to attach his income or assets, you'd better see an attorney for an opinion whether the judgment you have allows you to do it. Otherwise, you may end up owing the tenant damages for attempting to take income or property you weren't entitled to take.

 

[STEPHAN]

Thank you! There is nothing else in the judgment. I don't want to throw more money at this.