Legal Question in Credit and Debt Law in New Jersey

Tenant evicted, Motion to Vacate granted, Can I receive a judgement?

I had a tenant file bankruptcy twice. The second bankruptcy, I filed and was granted the Motion to Vacate the Automatic Stay. The tenant owes me approximately $28,000. It is a no-asset bankruptcy. The tenant has been evicted. Can I file a judgement against the tenant for the monies owed to us? How can I collect the monies if I can't file a judgement? I don't know if the bankruptcy was granted or not, just that I was able to evict her.


Asked on 4/05/00, 9:58 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Tenant evicted, Motion to Vacate granted, Can I receive a judgement?

First of all, assuming the bankruptcy discharge was granted, you are only entitled to a judgment for the amount of rent that accrued after the filing of the petition. Second, you need to file a separate law suit against the tenant and only after you obtain a judgment will you be able to attempt to collect on it. You should immediately contact an attorney to discuss procedures and your rights. If you want me to assist you, feel free to call me at 856-546-8010. Mention LawGuru and your first consultation is free. Good Luck! Rob Gleaner

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Answered on 4/19/00, 9:17 am


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