# Enforcing a court order



## Rusty O'Toole (Feb 1, 2012)

After more than a year of hassles with a non paying tenant, he agreed to pay me (in Landlord and Tenant Court). I have an order under Section 69 of the Residential Tenancies Act.

It states that he is to give me post dated checks by July 1, if he doesn't, the whole amount becomes due and payable.

Of course he weaseled out of giving me the checks. What is my next move? I have his bank account number but not his employment information. He has moved out of the property leaving no forwarding address.


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## Just a Guy (Mar 27, 2012)

Most of the time it's not worth the effort to try to collect. That being said, if I go through the trouble of getting to court, my next step is to send it to a collection agency. They'll take between 1/3 and 1/2 if they manage to collect. 

If you don't want to do that, consider it the price of education. Maybe it'll inspire you to screen better though, in reality, nothing can prevent a determined bad tenant.


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## iherald (Apr 18, 2009)

Go to the bank and get them to pay you the money out of his account.


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## OhGreatGuru (May 24, 2009)

Can't hurt to try, but the banks aren't collection agencies. They have no proof OP hasn't already been paid. So they will likely tell him to talk to their lawyers or get a different court order, authorizing him to seize the tenant's assets.

My bet is the guy has already moved his money elsewhere.


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## birdman (Feb 12, 2013)

Well, I'm not a lawyer but to my understanding, in order to collect the debt you first need a judgement against the debtor. The judgement is just a legal order saying that you are owed the money. Once you have that then you can start things like garnisheeing wages, attaching assets, etc. Pretty tough to go this route by yourself and you would probably need a lawyer. I guess that you could possibly sue through small claims court and presumably get judgement and this probably wouldn't cost too much. So then you have a piece of paper and then you have to enforce it-most likely through a lawyer and often that does not work. Its not easy and I have written off one of these myself. Again, I'm not an expert on the subject but have some experience and am just giving you my views for what it may be worth. Good luck.


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## Rusty O'Toole (Feb 1, 2012)

I already have a court order (judgement) and I already tried the bank. Have also called the Landlord and Tenant (still waiting for them to return my call) visited the courthouse (the small claims clerk was out) stopped by my lawyer's office (closed while the street outside the office is torn up) and spoke to a collection agent (he wants me to tell him where to find the guy - I'm not the only one looking for him).

Will try the L&T again tomorrow and if necessary, the court house. Somebody must know something.


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## birdman (Feb 12, 2013)

Write the scumbag off.


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## Xoron (Jun 22, 2010)

frase said:


> Write the scumbag off.


Sounds like the scumbag is still living in Rusty's rental. 

Rusty: if you're willing to forgo the money, how about offering him a pass on it just to leave? A year back rent is a tough pill to swallow, but what are the chances he'd pay now, after not paying for a year anyway? At least you could turn the place back into an income earner rather than pour more money down a hole (and have to deal with the other scumbags enabling him to live there rent free)


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## Just a Guy (Mar 27, 2012)

Try a different collection agency, the one you called sounds more life a bailiff, someone who enforces an order (more like hands them the paper and says "do this") as opposed to actually getting the money. A collection agency will usually track down a guy on their own, though any information you can give them helps, and initiate things like garnishing wages, seizing property, etc. 

This is one reason I ask for things like driver's licence number, SIN, and other things for applicants.

Oh, and Rusty said the guy was already gone...


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## Xoron (Jun 22, 2010)

Just a Guy said:


> Oh, and Rusty said the guy was already gone...


Yeah, missed that bit. Go get him Rusty.


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## Rusty O'Toole (Feb 1, 2012)

He's already gone and he signed an agreement to pay the money he owes me, in front of a judge. This means all I need to do now is garnish his salary and bank account. In order to do that I need to find out his new address or where he works. Somehow he neglected to give me this information, at the same time he neglected to give me the checks he promised.

I could hand the matter over to a collection agency but they would take 25%. That is what I usually do but this time I thought I would try to handle it myself.

This morning I got the information and legal forms at the local courthouse, now all I have to do is track him down. He owes me $3000 and he is going to pay it, plus costs. He is also going to get an interesting addition to his credit reports. Good luck getting credit or renting a house or apartment in the future.

PS He does not owe me for a year, only 2 months. He was chronically late in paying his rent for a year but as soon as he went over 3 weeks behind I started eviction proceedings. Right now he owes 2 months plus expenses.


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## marina628 (Dec 14, 2010)

Tracking somebody down easier said than done , people like this will have unlisted number ,bills in somebody elses name.You can try stalking him on facebook I guess like other bill collectors do


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## NotMe (Jan 10, 2011)

I learned long ago that getting a judgement granted is about the same thing as sending in an invoice - just because you got one, doesn't mean you're gonna get the money. It seems like you're doing a lot of work for 2 months rent. I know it's like letting the terrorists win but don't throw good money after bad.


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## Cal (Jun 17, 2009)

If you get to small claims court, I think you can get a small fee added for your time/inconveinience as well.

When the tenant filled out their application to rent did they not have to include their employment info? or had they changed jobs since then. Also a drivers license number or license plate info. If you have a buddy that is a cop they could look up the drivers info and give you the address that the license is registered at. 

Is there a certain period of time that you have to get the wages garnished or does it expire after so many months.

I would go to where they used to work and tell them you are their previous LL and ask if they have any contact info or forwarding info to get his mail to him. You never know he may still work there, look for the car in that parking lot.

Good Luck


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## none (Jan 15, 2013)

Rusty O'Toole said:


> He's already gone and he signed an agreement to pay the money he owes me, in front of a judge. This means all I need to do now is garnish his salary and bank account. In order to do that I need to find out his new address or where he works. Somehow he neglected to give me this information, at the same time he neglected to give me the checks he promised.
> 
> I could hand the matter over to a collection agency but they would take 25%. That is what I usually do but this time I thought I would try to handle it myself.
> 
> ...


If he's 30 or younger he's likely pretty easy to find using social media. You'd be surprised how big the fingerprints can be.


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## marina628 (Dec 14, 2010)

Cal said:


> If you get to small claims court, I think you can get a small fee added for your time/inconveinience as well.
> 
> When the tenant filled out their application to rent did they not have to include their employment info? or had they changed jobs since then. Also a drivers license number or license plate info. If you have a buddy that is a cop they could look up the drivers info and give you the address that the license is registered at.
> 
> ...


you have to be careful how you approach him ,you may be on his property or private property and he can then then go after your for harassment. If it were me I would pay the collection people ,chances are you are not the only person he skipped on.


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