Collecting Missouri Eviction Judgment

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Summary

After winning an eviction judgment in Missouri, you can send a demand letter via certified mail, wait 30 days for a response, and then proceed with garnishment if unpaid. Both tenants on the lease are typically equally liable for the debt. Consult a legal professional for specific advice.

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I received an eviction judgment for money owed me. So, what is my next step? I assume the judgement will be mailed to him at his current address, but I'm not expecting him to come-a-running with money in hand to pay me. Am I supposed to contact him regarding resolving the judgement? Do I need to file something through the court? I have the address where he was served, and I have his employer info. I don't believe he owns real property, and I don't know about vehicle ownership. I had some knowledge on the process of getting the judgement, but am clueless on what to do in order to get paid.
In Missouri, after winning a judgment for money owed, you can:
- File a 'garnishment' against the debtor's wages or bank account.
- File a 'levy' to seize non-exempt personal property.
Consider consulting with a legal professional for more details. It's important to follow the correct procedures to avoid violating debtor's rights.
So, surely I need to contact him, or visa versa, to give the opportunity to pay me, before filing garnishment. Tell me what I need to do between getting the judgement and filing a garnishment.
In Missouri, you have the right to collect your judgment. Here's what you can do:
*. Send a demand letter: Inform the debtor about the judgment and request payment.
*. File a Garnishment or Execution: If the debtor doesn't pay, you can use their employment info to garnish wages or levy a bank account.
*. Consult a Lawyer: To ensure you're following the correct procedures.
Ok. I'll work on sending a demand letter. Is there some sort of time frame that I need to follow before moving to filing a garnishment?
In Missouri, after sending a demand letter, you usually wait for 30 days for a response. If there's no response, you can proceed with garnishment. Always consult a legal professional to ensure you're following correct procedures.
Does this demand letter need to be served by process server or sheriff, or can it be mailed reg mail, or emailed, or....?
In Missouri, you can send the demand letter via certified mail with return receipt requested. This ensures you have proof of delivery. An email could also be an option, but certified mail is usually more officially recognized. Always keep a copy of the letter for your records.
How soon can I send the demand letter. I rec'd the judgement today and he didn't show to hearin
In Missouri, you can send the demand letter immediately after receiving the judgment. There's no required waiting period. Always keep a copy of the letter and proof of delivery for your records.
Now, here is some additional info. It is him and his wife on the lease. They are separated and in the process of divorce. He left the house about * yrs ago, but never requested to be removed from the lease or informed me that he moved. I could not track her down to get her served. Wife is on disability (can't garnish on disability), and has no vehicle in her name that I am aware of. Husband is staying with family where I got him served. (I have his employer info, & I don't know about vehicle ownership). So, neither showed for court and the judge asked if I wanted to moved forward on a judgement on just the husband and I said yes cuz I can't find her and it doesn't look like I have a way of getting money out of her. With that information, is there any possible issues that could be aware of, or handle differently in trying to get payment?
From the details provided, here are few things to consider:
*. You can only garnish the husband's wages as the wife is on disability.
*. You might face complications if the husband declares bankruptcy.
*. If the husband has no significant assets, collection may be difficult.
*. A legal professional can provide more specific advice based on the situation.
But as long as the husband continues his employment, I could garnish through his employer, yes?
Yes, in Missouri, as long as the debtor (in this case, the husband) continues his employment, you can potentially garnish his wages through his employer. However, there are limits on how much can be garnished and it's advisable to consult with a legal professional to ensure all procedures are followed correctly.
Now, if I do locate the wife in the future, could I get a judgement on her, or would it be like starting from scratch on the whole process? And even so, would it be even better worth my effort? Are they both equally liable for the full amount owed, or can he say he's only responsible for half, the other half is her responsibility? And would an appropriate response to him be that he would need to take her to court to get reimbursed for her, because the are both fully liable on the total balance. ?
In Missouri:
- If you locate the wife in the future, you can pursue a judgement against her. It would likely require starting a new process.
- Both parties on the lease are typically equally liable for the total debt.
- If the husband pays the full amount, he may have a claim against the wife for her share.
- Consult a legal professional for advice tailored to your situation.
This money owed me all started occuring */*/* to current. Since he had been moved out a yr or two prior to that date, BUT is still listed on the lease, can he use that situation to weasel out of paying.?
In Missouri, if a tenant is listed on the lease, they are typically responsible for the rent regardless of whether they live in the property or not. However, every situation is unique and it would be best to consult with a legal professional to ensure you're following the correct procedures.
Ok. Awesome! Thanks for educating me. Much appreciated.
You're welcome, Lesa! I'm glad I could provide you with some useful information. If you have any more questions in the future, don't hesitate to ask. Good luck with your situation.