Does judgement bar former tenant from buying or selling property?

[miranda36]

In Colorado, I evicted a mother & 4 daughters (mother and 2 adult daughters were on lease) for non-payment and attempting to pay by falsifying a personal check from relative (added a "1" in front of $500 to make it look like $1500). I won judgement for Writ of Restitution plus $3.6K rent/late fees/court costs. But after clean up/damages/stolen items, the cost exceeded $7K. Not sure it's worth pursuing another judgement. I don't know where any of them work, so cannot garnish wages. Plus, the mother threatened to sue me for 1) not leaving her stuff outside for 7 days ($4,000); 2) Not signing the lead paint disclosure ($10,000). Obviously, she kept it but made me believe she had returned it as I thought I had it. How else would she know they didn't sign it?

I had stuff hauled away on the 3rd day because scavengers had taken anything of value the first 2 days and were making a huge mess of their remaining junk.

I did leave them a copy of the EPA lead paint pamphlet and the acknowledgemet form to sign, but I must not have gotten it back. The mother lead me to believe she had returned it, but I cannot find it now. I have 6 other signed forms from other tenants, so it is clear that I am not neglectful on this matter.

I think she is bluffing so that I won't pursue the $7K in damages, but is it worth pursing since 1) I don't know where or if they work so I cannot garnish wages; and 2) can I be fined $10K for not having the lead paint acknowledgement signed?

A colleague said since I have an initial county civil court judgement for $3.6K, that the 3 defendants will not be allowed to buy or sell any real estate until I am paid off. Is this correct? And if so, is this only for 7 years?

 

[ecmst12]

The judgement doesn't prevent them from buying property though it will damage their credit, so maybe that is what was meant. If they can pay cash, they can buy anything they want. You could put a lein on any property they own so you would be paid when the property is sold, but there are steps you'd need to take to put that in place, it doesn't happen automatically.

 

[HomeGuru]

In Colorado, I evicted a mother & 4 daughters (mother and 2 adult daughters were on lease) for non-payment and attempting to pay by falsifying a personal check from relative (added a "1" in front of $500 to make it look like $1500). I won judgement for Writ of Restitution plus $3.6K rent/late fees/court costs. But after clean up/damages/stolen items, the cost exceeded $7K. Not sure it's worth pursuing another judgement. I don't know where any of them work, so cannot garnish wages. Plus, the mother threatened to sue me for 1) not leaving her stuff outside for 7 days ($4,000); 2) Not signing the lead paint disclosure ($10,000). Obviously, she kept it but made me believe she had returned it as I thought I had it. How else would she know they didn't sign it?

I had stuff hauled away on the 3rd day because scavengers had taken anything of value the first 2 days and were making a huge mess of their remaining junk.

I did leave them a copy of the EPA lead paint pamphlet and the acknowledgemet form to sign, but I must not have gotten it back. The mother lead me to believe she had returned it, but I cannot find it now. I have 6 other signed forms from other tenants, so it is clear that I am not neglectful on this matter.

I think she is bluffing so that I won't pursue the $7K in damages, but is it worth pursing since 1) I don't know where or if they work so I cannot garnish wages; and 2) can I be fined $10K for not having the lead paint acknowledgement signed?

A colleague said since I have an initial county civil court judgement for $3.6K, that the 3 defendants will not be allowed to buy or sell any real estate until I am paid off. Is this correct? And if so, is this only for 7 years?

**A: not correct. There is no automatic restriction on the purchase or sale of real estate due to a judgement.

 

[miranda36]

Lead Paint Disclosure Not Signed

Thanks for your responses! Next questions: 1) If I do not have a copy of their acknowledgement of receipt of the lead paint disclosure pamphlet, can they sue me? Can I be fined by EPA? How does that work? I left them a copy of the pamphlet, I thought they had signed and returned the acknowledgement, but I cannot find it now. Like I said, I have 6 other signed acknowledgements from other tenants, so I know to provide this information and I know I left them a pamphlet and they lead me to believe they had returned it.

2) Is there any law that says I have to leave their stuff ouside for 7 days?

 

[Who's Liable?]

Thanks for your responses! Next questions: 1) If I do not have a copy of their acknowledgement of receipt of the lead paint disclosure pamphlet, can they sue me? Can I be fined by EPA? How does that work? I left them a copy of the pamphlet, I thought they had signed and returned the acknowledgement, but I cannot find it now. Like I said, I have 6 other signed acknowledgements from other tenants, so I know to provide this information and I know I left them a pamphlet and they lead me to believe they had returned it.

This will most likely result in a slap on the hand or a strong wording from the judge if at all. I would not worry about that so much.

2) Is there any law that says I have to leave their stuff ouside for 7 days?

Typically there is a law that states you CANNOT leave their items outside. Doing so may result in being sued for the value of stolen items cause by your negligence in leaving items outside.

 

[miranda36]

Leaving evicted tenants' stuff outside

Thanks for your responses. As for leaving their stuff outside, this is what the court and Sheriff instructed. The Deputy was onsite during the eviction (tenants were gone) and he made sure we hauled all their stuff to the driveway before we could change the locks. I asked him what if it rained or got stolen. He said they were legally evicted and given plenty of notice and time (2 months!) to move, and that once outside, it was not my problem. I did have to leave it outside for a "reasonable" amount of time to allow them to get what they wanted. It is the tenant who claims I was supposed to leave it a week. Nothing of value was left after 2 days. Most of it was trash to begin with.

 

[outabout]

I am in CO as well. I don't have personal experience in this, but I have a friend who rents a dozen town houses or so, so I assume that he knows what he is doing. He evicted a tenant several months ago. The sheriff came in while they (his hired hands) hauled the tenant's stuff out on street. There were people waiting to pick through the stuff while they were doing it. He said that the only thing that the LL is required to do was to not let the tenant's stuff taken while he was there. As soon as he left, it was no longer his issue.

So I am thinking there is no law in CO that requires LL to store T's stuff after the eviction.