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

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PayrollHRGuy

Senior Member
I found the form on the country court website. But there is no instruction on the matter. The form implies that the same request form has to be sent to the defendant.
A link to the form in question might be helpful.

And I have little doubt that the defendant would need to be notified.
 

PayrollHRGuy

Senior Member
That may well be the single most self-explanatory government form I have ever in my life seen. To complete the form you have to certify that you have sent a copy of the form to all parties. It even says the acceptable ways to deliver it.

I certify that a true and correct copy of this Request for Default Judgment Hearing has this day been sent to all parties at their addresses of record by the following method(s):  in person,  by certified or registered mail,by courier‐receipted delivery,by fax, orby email (with party’s written consent).
 

zoelee

Active Member
That may well be the single most self-explanatory government form I have ever in my life seen. To complete the form you have to certify that you have sent a copy of the form to all parties. It even says the acceptable ways to deliver it.
I can include a copy of registered mail receipt in the envelope. Other than this, not sure anything else is needed.

Also, I thought I was supposed to attach a copy of supportive documents when filing the original small claims complaint, but there is no place to attach docs throughout the online application process.

If I request a default judgement hearing, am I supposed to attach the supportive documents, and send the defendant a copy? Or we bring everything to the hearing once a hearing date is granted?
 

zoelee

Active Member
That may well be the single most self-explanatory government form I have ever in my life seen. To complete the form you have to certify that you have sent a copy of the form to all parties. It even says the acceptable ways to deliver it.
About the "Request for default judgement hearing" form, I'm debating between certified/registered mail and courier. The original citation delivered by a courier was dodged, we had to apply for permission to tape the citation on his door. Our demand letter sent by certified mail also got rejected.

So my guess is , same thing will probably happen again. He'll dodge it either way.

If this is the case, then what? Do we have to apply for taping this form on his door, or the judge would be convinced that we've exhausted all options of trying to get this guy to appear in court, and grant us a hearing without him?
 

quincy

Senior Member
About the "Request for default judgement hearing" form, I'm debating between certified/registered mail and courier. The original citation delivered by a courier was dodged, we had to apply for permission to tape the citation on his door. Our demand letter sent by certified mail also got rejected.

So my guess is , same thing will probably happen again. He'll dodge it either way.

If this is the case, then what? Do we have to apply for taping this form on his door, or the judge would be convinced that we've exhausted all options of trying to get this guy to appear in court, and grant us a hearing without him?
First use the process for service recommended (e.g., in person, certified or registered mail, courier-receipted delivery). If that fails, return to court for alternate service.
 

PayrollHRGuy

Senior Member
As this form seem to only require that it be sent to the last known address I don't know that anything else is required if it is sent to that address and is returned not delivered.
 

quincy

Senior Member
As this form seem to only require that it be sent to the last known address I don't know that anything else is required if it is sent to that address and is returned not delivered.
There were problems initially with finding a correct address for the defendant, which was why alternate service was necessary. The steps taken previously should be repeated now to ensure proper service.
 

PayrollHRGuy

Senior Member
Sorry, I didn't read back in the thread that far. But if a known address was discovered during the process that is now the last known address.
 

quincy

Senior Member
Sorry, I didn't read back in the thread that far. But if a known address was discovered during the process that is now the last known address.
Service previously was through publication after request for alternate service was requested of the court.
 

zoelee

Active Member
Service previously was through publication after request for alternate service was requested of the court.
Sorry, I didn't read back in the thread that far. But if a known address was discovered during the process that is now the last known address.

A little update: We went to the default judgement court and won the judgement. Thank you all for all your help.

Now with the judgement, I googled and found, basically there is nothing we can do. The guy owns city property tax on his commercial property. His own house is exempted. He still has two other judgement against him ahead of us. Even if he has the money now, I assume we have to wait after he pays off the other guys.

Any advice you can give me at this point retrieving the money?
 

LdiJ

Senior Member
A little update: We went to the default judgement court and won the judgement. Thank you all for all your help.

Now with the judgement, I googled and found, basically there is nothing we can do. The guy owns city property tax on his commercial property. His own house is exempted. He still has two other judgement against him ahead of us. Even if he has the money now, I assume we have to wait after he pays off the other guys.

Any advice you can give me at this point retrieving the money?
Put a lien on every asset of his that you can. You may be third, fourth or fifth in line, but it might get you some money someday.
 

bcr229

Active Member
Any advice you can give me at this point retrieving the money?
Ask your tenant to look at the backs of the rent checks that they gave to the property management company to see if there is a bank name, routing number, and account number on them. My bank makes images of these available online through their web portal. If you can get that information you can file a writ of garnishment with the court for the bank account. Hopefully the property manager hasn't closed it.
 

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