how to claim judgement?

[kandyflip03]

What is the name of your state? TEXAS

I served my tenant who hasn't paid rent in 2 months an eviction letter 4 days ago. Now I know I need to file an eviction with the JP. Then I think it is correct that she has 30 days to vacate. Ater which she stills owes rent! I want to sue in small claims. 1. Do I have to wait for her to be completely out before I sue, or I can I start the process now 2. Also, I know judgement is just a peice of paper, but are there not ways to collect? Wage garnishment, tax refund intercepts, dead spouse insurance monthly check intercepts, leins, jail? Can any of these things or something else be done? I understand TX is the state for deadbeats but surely there is a way to collect on a judgement. Thank you!

 

[JETX]

I served my tenant who hasn't paid rent in 2 months an eviction letter 4 days ago.

What kind of 'letter' was that??

Then I think it is correct that she has 30 days to vacate.

Depends. Did you serve her with a 'quit or pay'.... or a notice to terminate??

Do I have to wait for her to be completely out before I sue, or I can I start the process now

You can start now, but don't have your hearing until after you have determined ALL of your damages.

Also, I know judgement is just a peice of paper, but are there not ways to collect?

Yep.

Wage garnishment

Nope.

tax refund intercepts

Nope.

dead spouse insurance monthly check intercepts

Depends.

leins

Depends.

jail?

Nope.

Can any of these things or something else be done? I understand TX is the state for deadbeats but surely there is a way to collect on a judgement. Thank you!

Texas is a debtor friendly state, but there are still ways to enforce judgments.

 

[kandyflip03]

the letter was a 3 day notice to pay AND vacate or I am going to file for eviction. Is that right?

so how could I go about intercepting the life insurance checks she recieves from her deceased husband once (and if) a judgement is won? Do I hire a lawyer and have him do it or do I need to do it myself and how so?

 

[JETX]

the letter was a 3 day notice to pay AND vacate or I am going to file for eviction. Is that right?

No. It was a 'Pay OR quit'. In other words... pay your rent, or quit your tenancy.

so how could I go about intercepting the life insurance checks she recieves from her deceased husband once (and if) a judgement is won?

Depending on the FULL specifics of the checks (they MAY be exempt), you would have to get a 'TurnOver order' from the court and serve it on the insurance company.

Do I hire a lawyer and have him do it or do I need to do it myself and how so?

The process is complex... usually too complex for a layperson. I would suggest you get an attorney.

Oh, and while on the 'shouldas'.... why are you in the landlord business when you have NO idea what your legal obligations or processes are??