Hi all. I’m looking for some advice. I rented a room from someone in San Francisco for 1 year, from December 2000 to December 2001. I’m in Massachusetts now. I was out of town taking care of my dying grandmother, came back at the end of November, gave notice and paid rent for December. (I was trying to be considerate.) My former roomate told me he would return the deposit in February, well that never happened. I have filed a claim in small claims court, the case will be heard in August. After I receive my judgement against him, how do I collect? I have his name, address, d.o.b., and drivers license #. I do NOT have his social security # or work information. (He may be working under the table.) I’m really pissed off. I paid my rent in full and on time every month I was there, and acted in good faith when I left that my deposit would be returned to me. I need ADVICE please on how to go about getting the information I need, and on collecting my money back! In advance thank you for your help. Kinpatsu
If he doesn’t pay by a specified amount of time (90 days?) you can have marshalls go to his home (or business if he’s the business owner) and start taking his possessions which will be sold at auction to pay for the judgment.
Haj
IANAL, but i highly doubt you can get the marshalls involved over a small claims case. They’d be extremely busy if everyone who got stiffed on a small claims settlement could ring them up. If there’s no payment, you then notify the court who will schedule yet another hearing where the defendant is given the opportunity to “show cause” for their failure to pay. They probably won’t have a good cause, or may not even show at all. I’m not sure what happens beyond that - I think the court sends them more nasty forms which they can ignore. I think your only recourse may be that it becomes a serious black mark on their credit report until they pay up.
I’d suggest contacting a credit reporting agency to see how to assure that this is on their credit report. See what you can do about finding his ss#, but the info you have may be enough.
good luck.
I sued my landlord (for failing to return my deposit), won, and found out that I had no way to collect. Basically, you’re on your own if he chooses not to pay up. I mentioned my experience in this thread. This thread is also relevant. Welcome to the Board, and it is helpful to do a search before posting a question to see if it’s already been answered.
Also, contact the Small Claims Legal Advisor’s Office in San Francisco, which, among other things, offers workshops on how to collect a small claims court judgment (415) 241-1302 x 731.
Once you get a judgment against your former roommate,
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Have the judgement docketed. This makes it more visible to potential creditors and credit agencies. Ask the court clerk how to do this. I as landlord had several deadbeats ignore the judgments against them until they tried to get an auto loan or a credit card.
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Sign over the debt to a debt collection agency in your roommate’s state of residence. Most agencies do not charge any fee unless the debt is collected, and then about one-third of whatever is collected. Look under the subject heading “Collection Agencies” in an online yellow pages site like Switchboard.com
Do you know your former roommate’s bank account #? If you wrote checks directly to him that he cashed, his info should be on the cancelled checks. Alternatively, you could have another friend send your roommate a check for $10 or so.
As Walloon pointed out, if you have the judgment docketed, it may cause problems for your former roommate in the future, problems that he can solve by paying you.
The room was in SF, but you are suing in Massachusetts? What’s the odds the party is going to show up?
Anyway, I won once in California & they have info at the courthouse on how to get your money.
Liens & stuff, but tons of work to do it so I never got the settlement.
I assumed you were suing in San Francisco. You can’t sue in Massachusetts.