BLOGS

Collecting Unpaid Rent

When I was still in law school, we had a tenant who completely trashed one of our rental properties. After he stopped paying rent, he repeatedly asked the court for extensions to delay the eviction, and each request was granted. By the time we finally regained possession, over a year later, the house was filled with garbage and had suffered extensive damage.
Just when it seemed things couldn’t get any worse, we stumbled across an unexpected treasure while cleaning the property—a bank statement showing the tenant had money in his account. With that discovery my education in judgment collection began.
Obtaining a judgment for unpaid rent or property damage is only the beginning. Once you get the judgment it has to be recorded.  In Florida, a judgment can be recorded in any county where the debtor owns property, creating a judgment lien against certain assets. The next step is obtaining a writ of execution and delivering it to the sheriff in the county where the debtor’s property is located. Along with the writ, you must provide written instructions identifying the property to be levied upon or garnished so the sheriff knows what assets to seize.
However, tenants and other judgment debtors have important legal protections. Before a writ of execution can be issued, the debtor may file post-judgment motions or claim statutory exemptions.
For example, Florida law provides exemptions for wages earned by the head of a household, a cap on personal property, and limited equity in a motor vehicle. (Florida Statute 222.11) Federal bankruptcy law may also protect a debtor’s assets or temporarily halt collection efforts. These issues generally must be resolved before collection can proceed.
The biggest lesson I learned is that winning a judgment is only half the battle. Collecting on that judgment is often far more difficult. The process can be time-consuming, expensive, and frustrating, with no guarantee you’ll recover what you’re owed.
Before pursuing collection, ask yourself whether the potential recovery justifies the time, money, and effort involved. Sometimes the answer is yes. Other times, the wiser business decision is to cut your losses and move on.

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