Business & Finance Bankruptcy

How to Collect Back Rent After a Court Judgment

    • 1). Wait the time required by your state to file for a garnishment. In Michigan, there is a waiting period of 21 days after receipt of the judgment before you can get an order of garnishment. This waiting period provides your former tenant with time to pay the judgment amount. The waiting period in your state may differ from Michigan's.

    • 2). Select a garnishment type. Judgment holders can select periodic or nonperiodic garnishments. Periodic garnishments such as wage garnishments require the garnishee's employer to withhold a set amount -- typically no more than 25 percent -- from the former tenant's wages and send the money to the court. Nonperiodic garnishments apply to one-time garnishments from an account owned by the tenant.

    • 3). Request a garnishment form from the clerk, typically with the same court that awarded the judgment. Fill in the form with the required information such as your personal information and the name, current address, Social Security number and employer of the tenant. If you filed a nonperiodic garnishment, you must provide the information for the tenant's financial institution.

    • 4). File the garnishment form and, if required by your county, pay the filing fee. Ask the clerk what the requirements are in your county for serving the garnishment to your former tenant and his employer or financial institution. In some localities, a sheriff or deputy must serve garnishments.

    • 5). Collect your money. There is typically a waiting period before you receive money to provide the tenant time to object to the garnishment.

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