Small Claims Court?

Discussion in 'Mayberry Lounge' started by phipps66, Dec 25, 2016.

  1. phipps66

    phipps66 Brown Belt

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    So unfortunately I'm in the process of evicting a tenant for not paying rent. I'll most likely be out 4 months rent plus legal fees. I plan to take her to small claims court to try recoup something.

    Anyone have any experience with small claims court? I only hear people say it's a waste of time yadda yadda.

    EDIT: This is the US, state of CT in particular.
     
    Last edited: Dec 25, 2016
  2. choke you

    choke you strangulation belt

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    Probably end up costing you what you end up getting from her. Personally I'd let it go it seems like a hassle. Punch her in the shirt maybe.
     
  3. Nonsense

    Nonsense Silver Belt

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    What country?
     
  4. 5crew

    5crew Black Belt

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    I know it's useless in my country by experience.
     
  5. ralphc1

    ralphc1 Steel Belt Platinum Member

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    It's pretty easy to get the judgement and the court costs are usually low but if the people don't have money you won't ever get it.

    Renting can be sketchy. You need to do a credit check on potential renters. I've known people who figured they'd get rich by renting and letting others pay for their property who went broke. You need to know the local laws.

    One person that I know that has done pretty well at it has rents due by the first of the month and files an eviction notice on the 5th and they have 30 days to leave. He has a security deposit of a months rent and takes the rent out of that.
     
  6. phipps66

    phipps66 Brown Belt

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    Yea I do that stuff. I've had the house since 2009 and this is the first time I've had to evict someone. I do have a security deposit and stuff but it's peanuts compared to missing month so of rent and stuff.
     
  7. BEER

    BEER Resident Feminist Platinum Member

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    How did you let them miss four months of rent?

    I could missing a month, the deposit should cover that. But any more?
     
  8. phipps66

    phipps66 Brown Belt

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    Rent wasn't paid by Nov. 10. Paperwork was done and the notice of eviction was posted on the door Nov. 16. Tenant didn't leave or pay, so I had to go to the next step which is a lawsuit for possession of th property. Tenant answered in court saying she offered to pay. Which she didn't. That was dec. 18 or so. Court date for the mediation is January 30. So that's Nov. dec. Jan. And feb. Lost right off the bat. This is using a lawyer also.
     
  9. My name is

    My name is Shawn

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    my gf took a guy to court over damage to her vehicle . it was just under a 1000 dollars . she won the case it's been 4 or 5 years never seen a dime


    you would probably be better off to offer a couple hundred in exchange to get the fuck out immediately
     
    Last edited: Dec 25, 2016
  10. ralphc1

    ralphc1 Steel Belt Platinum Member

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    If you're in Connecticut. Here's a link to their website.
    https://www.jud.ct.gov/directory/directory/directions/smallclaims.htm

    Looks like you get 10 years to collect on a judgement in CT before you have to refile. Often the defendant doesn't show up and the judgement is automatically entered in favor of the plaintiff. You can get it from their employer and possibly any tax returns.
     
  11. ralphc1

    ralphc1 Steel Belt Platinum Member

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    The thing is that you have to go and personally collect it or get a court order to take it from wages.
     
  12. phipps66

    phipps66 Brown Belt

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    That's what I wanted to do. I can't get any communication though. No response to texts other phone calls and my lawyer said to not show up asking for the rent. Unfortunately I think I got swindled by a scammer. Signs are pointing to she's done this before.
     
  13. west42

    west42 Brown Belt

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    Like mentioned before, you'll get a judgement in your favor, but not necessarily the money. In fl, if they don't pay you would need to go to court again to get an order for payment. Never went that far, but I imagine it could be wage garn., forced sale of tenants property, stuff like that. However, if the person doesn't care about credit, will move on a whim, and has no money, just write off your loss. You'll never get the money. If they are somewhat decent people, have disposable income and care about their credit rating, sue. You'll get the money, but it will take a while and might need a few court appearances.
     
  14. west42

    west42 Brown Belt

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    If she does this on the regular let it go. Chick is prob broke, has no possessions to seize, and as soon as there's any sort of action by the court, will move/switch jobs to avoid paying. You're just gonna chase a ghost.
    Next time make sure to rent to someone who has good credit and cares to keep it that wa y
     
  15. ralphc1

    ralphc1 Steel Belt Platinum Member

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    That's why you never rent to anyone with a dubious credit rating.
     
  16. phipps66

    phipps66 Brown Belt

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    Yea he went credit rating was "thin". That's what credit karma type thing said. Basically meaning her credit wasn't bad, there just wasn't a lot of of history to judge on. I confronted her on it and she said it was because everything was in her ex husbands name. At the time it seemed plausible because nothing is in my wife's name.
     
  17. IIIIIIII

    IIIIIIII Titanium Belt

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    did the tenant sign a contract? don't you have a solid case if she signed something? don't tell me you took her in without getting a contract?

    i was on a jury where the landlord was suing the tenant for not paying rent, and the landlord won with ease. and this is in tenant-friendly san francisco, where tenants have tons of rights.
     
  18. Thunderflash500

    Thunderflash500 Double Yellow Card Double Yellow Card

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    I was thinking of getting into this. I'll buy a duplex, live in one side for a couple years, rent the other side out, try to pay it off, then move out and rent both sides out once I get a better handle on renting and everything.

    Hows it been going for you?
     
  19. phipps66

    phipps66 Brown Belt

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    Yea there's a written and signed lease in place. I know I'll win and get her out. I want some back rent and stuff though.
     
    Last edited: Dec 25, 2016
  20. phipps66

    phipps66 Brown Belt

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    It's honestly been good up to this point. I bought in 2009 and rented out the downstairs. Had the same tenant for 6 years down there. I moved out in spring 2015 and had tenants since. It's been good though. A few repairs here and pain in the ass account switching with utilities have been the only snafus. Next time I'll just discriminate way more on basis of credit and income.
     
    Rozko and Thunderflash500 like this.

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