Difficulties with Enforcing Small Claims Judgment for Landlords

Updated 8/5/24

When a landlord successfully wins a small claims case against a tenant, the relief of a favorable judgment is often short-lived. Unfortunately, securing a judgment is just the first step in the process; enforcing that judgment can present its own set of challenges. The difficulties in enforcing small claims judgment often leave landlords frustrated, with unpaid debts and unresolved issues. This article explores some of the common obstacles landlords face and how to navigate them.

Understanding the Judgment Process

Before diving into the enforcement challenges, it’s important to understand the small claims judgment process. When a landlord wins a case, the court issues a judgment, which legally requires the tenant to pay the amount determined. However, just because a judgment has been granted doesn’t mean the money is automatically transferred to the landlord. Enforcing a small claims judgment is the landlord’s responsibility, and this task is often easier said than done.

The Reality of Collecting Payments

One of the most significant difficulties in enforcing a small claims judgment is actually collecting the money owed. Tenants who have been taken to court and lost may be uncooperative, and some might lack the financial resources to pay the judgment. Even if the court orders wage garnishment, bank levies, or property liens, these methods can be difficult to implement and may not result in immediate payment. The burden is on the landlord to pursue these avenues, which can be time-consuming and require additional legal action.

Locating the Debtor

Another challenge in enforcing small claims judgment is locating the tenant after the judgment has been issued. Tenants may move without providing a forwarding address, making it nearly impossible for landlords to enforce the judgment. Without accurate contact information, landlords cannot pursue collection methods such as wage garnishment or property liens. In some cases, hiring a private investigator may be necessary to locate the tenant, adding to the costs and frustrations of enforcement.

The Cost of Enforcement

Enforcing a small claims judgment can be a costly affair for landlords. Filing fees, legal costs, and the time spent pursuing payment can quickly add up, sometimes exceeding the amount of the judgment itself. While some landlords may attempt to handle the enforcement process on their own, others might find it necessary to hire an attorney or collection agency, further increasing costs. Unfortunately, these expenses are rarely recoverable from the tenant, leaving landlords to bear the financial burden.

Time and Persistence Required

Enforcing a small claims judgment is rarely a quick process. Landlords must be prepared for a potentially long and drawn-out battle to collect what is owed. Persistence is key, as the process may require multiple attempts to garnish wages or levy bank accounts, each of which could take several months. Landlords should also be aware of the statute of limitations on collecting a judgment in their state, which can add urgency to the enforcement process.

Enforcing a small claims judgment can be a daunting task for landlords, fraught with challenges and potential setbacks. From collecting payments to locating the tenant, the process requires time, money, and persistence. While the difficulties in enforcing small claims judgment can be significant, understanding these challenges and preparing accordingly can help landlords better navigate the enforcement process. If you are facing issues with enforcing a judgment, consider seeking professional advice to explore all your options and ensure you take the right steps to collect what is owed.

For landlords dealing with these enforcement difficulties, the support of a knowledgeable professional can be invaluable. Contact us today for a free consultation to discuss your specific situation and learn how we can assist you in successfully enforcing your small claims judgment.