Property manager owes us money, need help with small claims court filing

[zoelee]

It is too bad you didn't do some checking up on him prior to hiring him - but new landlords sometimes learn the hard way.

Good luck.

Thank you. I heard some courts offer mitigation to help set up a payment plan. If he refuses to do that, can we put a lien on his property?

 

[quincy]

Thank you. I heard some courts offer mitigation to help set up a payment plan. If he refuses to do that, can we put a lien on his property?

Here, from Travis County, is information on collecting on a judgment in Texas:
https://www.traviscountytx.gov/justices-of-peace/jp1/collecting-judgment

Collecting on a judgment in Texas is difficult. If the property manager has no nonexempt property, your chances of collecting anything is greatly diminished.

You could always file a complaint against the property manager with the police.

 

[zoelee]

Here, from Travis County, is information on collecting on a judgment in Texas:
https://www.traviscountytx.gov/justices-of-peace/jp1/collecting-judgment

Collecting on a judgment in Texas is difficult. If the property manager has no nonexempt property, your chances of collecting anything is greatly diminished.

You could always file a complaint against the property manager with the police.

In this:

"2. After the judgment is rendered, you may obtain an Abstract of Judgment which you may file with the County Clerk in Travis County or any county in which the judgment debtor has real property. The fee is $5.00 and there is an additional recording fee for the County Clerk at the time you file the abstract. The abstract informs the county in which you have filed it that there is a judgment against the debtor and it creates a judgment lien on the debtor's real estate in that county..."

Does the red text refer to putting a lien on the debtor's own house he lives in? Or his own house is considered exempt?

 

[quincy]

In this:

"2. After the judgment is rendered, you may obtain an Abstract of Judgment which you may file with the County Clerk in Travis County or any county in which the judgment debtor has real property. The fee is $5.00 and there is an additional recording fee for the County Clerk at the time you file the abstract. The abstract informs the county in which you have filed it that there is a judgment against the debtor and it creates a judgment lien on the debtor's real estate in that county..."

Does the red text refer to putting a lien on the debtor's own house he lives in? Or his own house is considered exempt?

His house would be exempt.

You might find some satisfaction in filing a criminal complaint against the property manager. If convicted, the court can order restitution.

Here is a link to Texas theft laws:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm

 

[zoelee]

His house would be exempt.

You might find some satisfaction in filing a criminal complaint against the property manager. If convicted, the court can order restitution.

Here is a link to Texas theft laws:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm

Quincy, thank for sending this. I guess I am no lawyer material After looking at this, I'm very confused as to which item he's violated. I'm guessing this is the closest:

Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

In this line, "property" refers to the collected rents? Am I close, or completely off?

 

[Zigner]

While Quincy suggested that criminal charges MIGHT be filed (it's a big "might"), I believe that the chances of that are quite small in this type of matter. This is a contract dispute.

 

[zoelee]

While Quincy suggested that criminal charges MIGHT be filed (it's a big "might"), I believe that the chances of that are quite small in this type of matter. This is a contract dispute.

Would a contract dispute be something like, John said he'll pay Mike 10% of rent as commission by contract, but he ended up paying him 5%?

V.S. In our case, John didn't pay Mike a penny?

 

[Zigner]

Would a contract dispute be something like, John said he'll pay Mike 10% of rent as commission by contract, but he ended up paying him 5%?

V.S. In our case, John didn't pay Mike a penny?

Yes, that's a contract dispute.

 

[zoelee]

Yes, that's a contract dispute.

Ok... I found another property under his name, seems like a business. But the property tax is overdue. Can a lien be put on it nonetheless?

 

[PayrollHRGuy]

Ok... I found another property under his name, seems like a business. But the property tax is overdue. Can a lien be put on it nonetheless?

Yep

 

[zoelee]

His house would be exempt.

You might find some satisfaction in filing a criminal complaint against the property manager. If convicted, the court can order restitution.

Here is a link to Texas theft laws:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm

Quincy, which city of police station should I report him to? Where he lives, or where my rental property is?

 

[quincy]

Quincy, which city of police station should I report him to? Where he lives, or where my rental property is?

For a police report, I would file where he lives. For a lawsuit, you can file where he lives or where he manages the property/where his (supposed) business is located.

Although in Texas several different offenses fall under the broad category of "theft," the specific theft crime that your property manager seems to have committed is embezzlement. He was entrusted with cash generated from your business and he (apparently) misappropriated it for his own financial gain.

That said, you will want to be sure of your facts. Read over the contract you have with the property manager. If he was to take from the rent receipts any money necessary for the maintenance and repair of the property/properties, it is possible that there were expenses greater than the money collected.

 

[zoelee]

For a police report, I would file where he lives. For a lawsuit, you can file where he lives or where he manages the property/where his (supposed) business is located.

Although in Texas several different offenses fall under the broad category of "theft," the specific theft crime that your property manager seems to have committed is embezzlement. He was entrusted with cash generated from your business and he (apparently) misappropriated it for his own financial gain.

That said, you will want to be sure of your facts. Read over the contract you have with the property manager. If he was to take from the rent receipts any money necessary for the maintenance and repair of the property/properties, it is possible that there were expenses greater than the money collected.

the balance is calculated based on statements he provided, which already deducted repair and maintenance.

 

[Zigner]

the balance is calculated based on statements he provided, which already deducted repair and maintenance.

This makes the position that this is not theft even more clear. This is a contract dispute. A civil matter.

Should I worry about retaliation if I call the police on him? He is an open carrier

How would we know?

 

[PayrollHRGuy]

Nobody on this forum knows this guy. How are we supposed to know if he will retaliate in some way?

Just because someone exercises a right doesn't make them a threat.