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how do i get my rent?

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Dadummy



Joined: 15 Nov 2007
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Posts: 636



20 Magic Points

Subject: how do i get my rent?
 
Posted on Sun Dec 09, 2007 4:37 am  

how do you get rent from people who dont have anything and wont pay? Icant even get them to respond to eviction letters or phone call. the districk magistrate said if they dont own any thing i cant get anything, thats not fair if i dont pay my bill they will take me to jail or take anything i have.what am i suppose to do leave them there to live for free and me support them? not in your wildest dream.
Dadummy



Joined: 15 Nov 2007
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Posts: 636



20 Magic Points

 
Posted on Sun Dec 09, 2007 4:38 am  

any ideas are welcomed {lagal that is}
goodnatured



Joined: 03 Nov 2007
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1079 Magic Points

 
Posted on Sun Dec 09, 2007 1:11 pm  

I would evict them immediately, can you have the local sheriffs office serve an eviction notice, they serve everything else, don't see why if you paid them, they couldn't serve it too.
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debtstinker



Joined: 03 Nov 2007
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1 Magic Points

 
Posted on Thu Dec 13, 2007 10:53 pm  

oh heavens, da, i'm so sorry that you're going through this, it's a shame, it can be hard to find good tenants. can you do what good suggested nad have the sherrif involved? i remember when i lived above a couple who never paid on time, my landlord served them an eviction notice and the sherrif even knocked on my door!! they wont stop until they serve them in person, so that may be a good idea and that may knock the sense into them. let us know what happens
crackerjack



Joined: 03 Dec 2007
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6 Magic Points

 
Posted on Thu Dec 13, 2007 11:47 pm  

You can definately get the sheriff involved, pay him and he will serve the paperwork, may give them a little scare, huh debtstinker, lol
Dadummy



Joined: 15 Nov 2007
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Posts: 636



20 Magic Points

Subject: how to get my rent
 
Posted on Fri Dec 14, 2007 12:26 am  

everyone said to get the sheriff, but i was told if they dont own anything or are bums i will be wasteing my money, because you have to pay to get the sheriffs help. I think there should be a law its a bill so why cant they garnish their wages?
crackerjack



Joined: 03 Dec 2007
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Posts: 171



6 Magic Points

 
Posted on Fri Dec 14, 2007 12:37 am  

The law is there to protect people from vicious credit collectors, if you go on the debt forum you can read some of the horror stories about the states that let them garnish wages, credit card companies and other collection agencies would not hesitate. I feel bad for you that you are not getting your rent, but I am glad the garnishment law is in place.

You may be able to get them out and get someone else in to try and at least not lose any more money. You don't have to keep them, that is not the law, you should call the sheriff just to get them out.
CreditGrantor

CreditGrantor

Joined: 01 Sep 2007
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2570 Magic Points

 
Posted on Fri Dec 14, 2007 3:29 am  

Youve got two separate issues going on here:

1) You want to get them out of your premises. This is called an order for possession or sometimes a forcible detainer. You can serve them with papers, get the judge to sign off on the order, and then the sheriff will come and forcibly remove them from your premises. (And yes, you will have to pay all the court costs up front, but read on).

2) The second thing is that these people owe you money. You obviously want the back rent that is owed, and you want them to pay for court costs. You need a money judgment for this, which is a separate complaint from the actual eviction. File a complaint in small claims court for the amount they owe you. Go through the process and get a judgment. Then, if you know where they work, you can go on to garnish their wages.

In some locales, you may be able to file a joint action and combine the two complaints into one ... sue them for money at the same time you're evicting them. Just depends on your court rules.
Laura

Laura

Joined: 21 Jun 2007
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34731 Magic Points

 
Posted on Fri Dec 14, 2007 5:08 am  

Dadummy,

Work out plans to evacuate the house. Just tell me whether they have the capability to pay? If they do, use the Sheriff but if they really dont you will not be able to squeeze an ounce out of them. So try to get them out as cracker said.
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Laura.

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