How best to collect from a tenant that owes me over $10,000?

My tenant in owes me a total of $10,600 from not paying rent for a couple of months. I already sent a 3 day eviction notice from the court and the court has served the notice to the tenant. Now, I’m wondering how I will recover all of this money. He has not payed several months rent over the course of a few years but after sending an eviction letter, how will I be able to recover the $10,600? How do you suggest that we get our money back? Should we hire a lawyer or will the court help us in getting our money? My house is in FL but I live in NY.

Asked on December 9, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are owed $10,600 from a tenant who is still residing in your rental, it is best for you to retain a landlord tenant attorney to follow up and complete the unlawful detainer process as to the tenant. The last thing that you want is some problem to happen where the eviction does not happen and the tenant remains longer.

The problem with any litigation is first getting a judgment and second once obtaining it, collecting on it.

If you have cancelled checks from this tenant keep them for future need to levy upon his or her bank account to collect on any judgment that you might obtain. Another option to collect upon is a wage garnishment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.