Legal Question in Credit and Debt Law in Florida
I live in FL and my last tenant left owning me $1200 but before we parted ways he signed a document acknowledging this. I gave him 3 months to pay me back and he has not. I have no doubt I can win this in small claims court but I am not so sure I will ever see my money. I understand I can have his wages garnished but from what I have read there are a few exemptions in his favor. He makes appox $10hr and he already pays child support for one child.
Is this worth pursuing? What are my chances of getting a wage garnishment to stick?
3 Answers from Attorneys
Only you can decide whether you should pursue it. Your garnishment will likely fail, ASSUMING HE RESPONDS TO IT, because the court will probably find him head of household, and thus not subject to garnishment now.
If your tenant is young, it might be worth the effort. Getting a judgment will keep him from obtaining a home possibly as he will have to pay the judgment to clear the credit. It can sometimes keep one from getting any credit so might be a good thing. Also - tenant may not always be poor and judgments can be renewed to keep them on the books and you can go after him later.