If I have a judgment against my former,but now deceased landlord, how do I collect?

I am owed my security deposit. I do not know who is handling the building or the estate. I am not sure who owns the building but all my rent checks were made out to this man. I contracted with a collection company who were unable to locate any personal bank accounts (they could not seize his car or property). Is there any way to enforce the judgment and get my money returned?

Asked on March 29, 2011 under Bankruptcy Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to go to the county courthouse that handles probate and see if his estate has been probated. If the probate information is available, there should be some public documents you can view for figuring out who filed and the address and contact information. If the probate hasn't closed (estate hasn't been fully settled), then you need to file in court. You can also sue the estate and then take the judgment if you get one to then seize items from the estate or place liens on property. Not sure why the collection agency could not offer the information that you need a judgment to seize property and place liens.


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