Rent 5 years past due.

October 26, 2009 9:02 AM

I got the court judgment, and even an outstanding warrant, but still have not received on an outstanding debt. How can I collect my money?

I had an apartment in Maryland that I rented out. The tenant ultimately decided paying rent wasn't for her. I obtained a $3,500 judgment -- $3,000 for what was owed to me, $500 for what was owed to the attorney. I don't think the attorney envisioned that two or three years later, we still wouldn't have been able to collect.

There is an outstanding warrant (for failure to show cause as to why it wasn't paid) so, eventually, she'll get pulled over. I'm wondering if there is anything I can do to hasten the process of me getting my money back. She is not a real estate owner. She is not broke and has a decent job. She has never contested that she owed the money, she in fact said she would understand completely if I took her to court because that's what she would have done when she was a property manager. I waited a year trying to get her to even pay $20 a month but nothing. I think she was embarrassed that she couldn't pay the whole amount.

I don't want to give it to collections because they will settle for 10 cents on the dollar and that's not worth it to me. The lawyer (who is lovely, but has already worked far beyond his $500) is taking a wait until she's pulled over approach. Now that its been five years since the debt was incurred, I am starting to worry that a statute will toll on the collection. Plus, I could use the money.

Any advice as to how I might collect this money? I don't think filing on her credit will matter to her, but if I have that option it'd be nice to know about it. I'm not going to personally chase her around for it, as I spent a year doing that and it never worked. I don't know what bank she is banking at now, and there are so many in that area that my two attempts at guessing failed.

Thanks for any advice, and I know, YANAL.

posted by letahl to law & government (8 comments total)

Well, I was going to say get a lawyer. But you are a lawyer. You could attach a bank account or garnish wages.

I'd do the research for you, but, I'm a Maryland lawyer and that would mean a freebie, which I have a strict policy about. I can give you a referral to a guy I know could take care of this with ease.
posted by Ironmouth at 9:21 AM on October 26

For what it's worth, the statue of limitations on collecting a court judgment in Maryland is 12 years and can probably be renewed.

Other than that, I'm not sure I can help you.
posted by saeculorum at 9:23 AM on October 26

IANYL - Unfortunatly it is difficult to collect on judgments. Here's a guide from Maryland on post-judgment collections. If you have her employment information you can do a wage garnishment and the guide tells you how to file the appropriate paperwork.

If you get stuck, try contacting the court where the judgment was issued. They answer these types of questions all the time and can be very helpful.
posted by mcroft at 9:23 AM on October 26

The collections agency will settle for 10 cents on the dollar and you have collected 0 cents on the dollar.

If you go with the collections agency you are in an infinitely better position than you are now.

So what am I missing?
posted by dfriedman at 9:24 AM on October 26

Yes, garnishing wages if you don't know which bank she uses. Here's a factsheet published by the Maryland state courts.
posted by ClaudiaCenter at 9:25 AM on October 26

Get the local sheriff to make the collection. Depending on your jurisdiction the sheriff's office is a useful tool.
posted by Gungho at 9:33 AM on October 26 [1 favorite]

In addition to getting her wages garnished, you may also be able to garnish any tax refund she gets.
posted by amro at 10:00 AM on October 26

you could get, or threaten to get, a writ of execution on her car. this means going back to the court for permission to take the car, getting a writ which says you have permission, giving the writ to the sheriff, waiting for the sheriff to seize the car, waiting again for the sheriff to sell the car and give you the proceeds, minus his expenses. you may also have to post a bond before the sheriff will get off his ass. in short, a major hassle.

but you might get the writ and then explain to the debtor that you'll move to seize the car unless she pays up. this might be enough to convince her to settle with you.
posted by lex mercatoria at 1:05 PM on October 26 [1 favorite]