Legal Question in Real Estate Law in Colorado
tenant did not pay rent
My tenant moved out and did not pay his last 2 months rent. I went to small claims court and got a judgment against him. He did not show up to court, so did not fill out the interrogatories. How do I put a lien on his new house? Also, how do I officially make this a part of his credit report? How do I get him to fill out the interrogatories? He has so far completely ignored all efforts at communication, and I expect he may ignore the interrogatories as well. In short, how do I get my money from someone who continuously ignores me? What else can I do to try to get my money? Thank you for your help.
1 Answer from Attorneys
Re: tenant did not pay rent
How do I put a lien on his new house?
� The entry of a judgment automatically creates a �judgment lien� against the debtor�s assets when it is recorded at the office of the County Clerk of the counties in which the judgment debtor has property. Remember, that most jurisdictions require you to record a notice of satisfaction of judgment within a short period of time after the judgment is paid or a notice of partial satisfaction of judgment after the judgment is partially paid. Also, remember that Colorado may have homestead exemptions which could prevent you from collecting this debt through the sale of the judgment debtors house.
Also, how do I officially make this a part of his credit report?
� Credit reporting agencies may / should automatically pick up the judgment against the debtor. I suggest calling a credit reporting agency regarding this question for further information.
How do I get him to fill out the interrogatories?
� I suggest a judgment debtor�s exam, the equivalent of a post judgment deposition for purposes of determining available assets.
In short, how do I get my money from someone who continuously ignores me?
� Using available legal proceedings, you can attach any non-exempt assets that the debtor has and can have them sold at a sheriffs�s sale to redeem the judgment debt. I suggest that you retain the services of counsel to assist you with this process.
What else can I do to try to get my money?
� If you do not want to retain counsel to assist you with the steps discussed above, you might consider turning the outstanding judgment over to a collection agency so you do not have to deal with it or pay an attorney. There will be a fee involved with a collection agency as well.