Legal Question in Real Estate Law in Utah

Re: Destroyed my property..what is the best process to collect for damages?

You did not say how much over $5,000 your damages are. If the damages are close to $5,000, your best bet is suing in small claims court. You can waive the excess damages over $5,000. No lawyers are permitted in small claims court.

A collection agency can pursue the tenants, but will ask for a good part of the amount collected. Often it is more economical to sue in small claims court.

Neither small claims court nor a collection agency will recover your money if the tenants don't have any. You said that the tenants were "supposedly" screened for credit. If the property manager was negligent or breached the terms of your contract, you can ask them to take responsibility for your damages. Try to negotiate with them or, if necessary, sue them. The property manager may have errors and omissions insurance that would cover this claim. Ask them if they do.

Re: Destroyed my property..what is the best process to collect for damages?

I would send a letter giving them 30 days to pay (as required under the Federal Debt Collection Act)since this is a consumer debt and not an eviction - then I would file a lawsuit for the damages. For free consultation, please fax me the move out statement, the lease, and any estimates you might to 714 363 0229.

Re: Destroyed my property..what is the best process to collect for damages?

Obtain two estimates to repair house, then file suit in court. In Utah small claims is limited to $5000, otherwise you go to district court. You will have to present testimony of the condition of the premises before occupancy and after.