Using Writs of Execution to Collect Unpaid Rent

Writs of execution are common collection tools among judgment creditors attempting to collect outstanding payments. We normally associate the writs with real estate seizures. So what if a judgment creditor is going after a former tenant for unpaid rent? Is a writ of execution still doable?

In short, yes. Obtaining a writ of execution opens the door to seizing all sorts of non-exempt property. Non-exempt property is not limited only to real estate. The experts at Salt Lake City’s Judgment Collectors say that states determine exempt and non-exempt property differently, yet there are plenty of assets a judgment creditor could go after even if a debtor did not own real estate.

The Process Begins With a Judgment

As a collection agency that specializes exclusively in judgments, Judgment Collectors is very familiar with writs of execution. They say that getting to the point of obtaining a writ starts with a court judgment.

A judgment is a liability decision rendered in civil court. In the case of unpaid rent, a landlord takes a tenant to court in hopes of proving that the tenant is liable for back rent. Assuming the court agrees, the landlord is entitled to a financial award that includes the original amount owed plus attorney’s fees, court costs, and interest. Some states allow landlords to add any costs incurred in the attempt to collect the back rent prior to going to court.

After a Judgment Is Rendered

A judgment rendered by a court becomes official when the court clerk records it. Recording could be completed within a matter of hours. It could also take a few days. It really depends on the individual court. But once recorded, there may be an opportunity for the defendant to appeal.

Again, each state has its own rules regarding civil judgments. Most states allow 10-30 days to appeal. But successful appeals are rare. Defendants need to prove that a court made some sort of error in order to get a judgment overturned.

All of this is to say that, once the appeal term has expired, the plaintiff can begin collection efforts. A landlord wishing to go straight two writs of execution can do so. The landlord must return to court with a written request for a writ of execution. In some states, the request must include a specific mention of the assets the landlord is interested in.

Types of Assets a Landlord Could Go After

Judgment Collectors says that creditors are their representatives appreciate debtors who own real estate. Why? Because non-exempt real estate tends to offer the kind of monetary value required to collect sizable judgments. But renters typically do not own real estate. So what else can landlords go after?

As judgment creditors, landlords can go after any property that is not exempt under state law. This almost always includes securities, tax refunds, jewelry and collectibles, boats, RVs, and even second or third cars.

A primary car, which is to say a car the defendant needs to get to and from work, would be off limits in most states. Also off limits is the rental property itself.

Landlords Do Have Options

A landlord going after a former tenant for back rent usually does not have the advantage of obtaining a writ of execution on the tenant’s real estate. Renters rent because they do not own property. Nonetheless, landlords still have options.

After obtaining a court judgment, a landlord can ask for a writ of execution against any non- exempt asset with sufficient value. Writs of execution can be obtained against as many assets as are necessary to pay the bill.