Money collection methods for Tenant at Small Claims Court

There are three Small Claims Court procedures to collect money, and which method will best serve the tenant will depend on what information they have about their landlord.

Garnishment

The tenant can claim money owed to the landlord by someone else. Examples of money that may be garnished include wages, bank accounts, and rent.

Seizure and sale of personal property

The tenant can ask the enforcement officers to take specific personal possessions belonging to the landlord and sell them at public auction. The money is then used to pay the tenant. This procedure can be costly, and unless the tenant qualifies for a fee waiver, the tenant risks paying these costs with no chance of recovery if the landlord does not have any goods worth seizing and selling. The tenant should confirm beforehand if the landlord has assets that can be seized or sold.

Seizure and sale of land

The tenant can file a writ of seizure and sale of land against the landlord in any county or district where the landlord may own land (including a house). The tenant can also register the amount of money their landlord owes them as an official debt against the landlord’s land. The landlord will have to pay the debt before they can sell the land. If the tenant does not want to wait until the landlord decides to sell, they can direct the sheriff to seize and sell the land four months after filing the writ. The actual sale cannot proceed until the writ has been on file for six months. Selling land is a costly and complicated procedure and tenants should explore other options first.