Legal Question in Real Estate Law in Missouri

Collection of past judgement

We rented our house to an elderly lady living on S.S. We received a court judgement against her about 3 years ago. We have received nothing so far. She has no assets that we could seize without major problems. She has now moved out of state to live with one of her children. We understand that she has given power of attorney to one of her daughters. The daughter knows of this judgement and has not contacted us in any way. Do we have any recourse against our ex-tentant or her daughter. Thank you.


Asked on 4/19/98, 1:27 pm

2 Answers from Attorneys

Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Judgment against Social Security recipient

Write it off as a bad debt. You'll sepnd more money trying to collect itthan it is worth and, in all likelihood, endup with nothing but more debt.

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Answered on 5/05/98, 6:52 am
Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Have you recorded it and/or seen a lawyer?

I do not know what the laws in your state are, but in Louisiana (where I am) if you take your judgment to the Clerk of Court for the County/Parish where the judgment debtor (i.e., your former tenant) lives and pay a fee, you can RECORD your judgment in the county public records and that serves as a judicial mortgage (i.e., lien) against the judgment debtor for at least 10 years (renewable after that). The purpose and benefit of this is that should your judgment debtor buy, sell or inherit property, a title and records search will be performed and the judgment discovered--it must then be paid off first before the sale goes through or the inheritance is distributed. I would recommend, however, that you pay a local lawyer who handles collection of debts for a short consultation on your rights. limitations and options regarding recovery of this judgment--the money you spend may save you a great deal of time and effort. Failure to consult a lawyer about your state's laws may result in a partial/complete loss of your rights.

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Answered on 5/05/98, 11:15 am


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