BENSON, PANTELLO, MORRIS, JAMES & LOGAN 3505 LAKE AVE FORT WAYNE, IN 46805 260-424-7077 Personal Attention For Your Legal Needs

Rental Housing Collecting the Rent       This information is valuable to either the landlord or the tenant in a rent & possession dispute. At least in Indiana, a landlord is entitled to possession of the premises if the tenant has not paid the agreed upon rent. In Allen County, certain court proceedings are required to take any action to effect that return of possession. No "self-help", nor utility cessation, is permitted.       But what about once you're passed that stage and possession has been returned? Assuming you have the proper clauses in your lease, the landlord is entitled to charge for the rent until either a new tenant is found or the lease runs out. However, within 45 days of the return of possession of the unit and the disclosure of a proper forwarding address, the landlord must disclose the fate of the security deposit, indicating itemized charges, and tender any credit balance. At a damage hearing before the court, a judgment may be rendered establishing once and for all the amounts owed either party arising from the lease contract.       The judgment entered by the Court is a legal determination as to the sum certain of money owed by one to another, plus court costs (initially in Small Claims in Allen County, $35). This judgment is a lien on any real property owned by the debtor for a period of 10 years. For it to be lien on real property in another county, a certified copy must be recorded in that county. In another state, the judgment must be "domesticated" under the full faith and credit given other states. The Court in Indiana will not "collect" the judgment for you and, indeed, after 10 years will not provide any further court assisted collection action. You can renew judgments as long as due process is still achievable.       There are several court assisted collection actions that may be taken; convene a "proceeding supplemental" to the judgment, issue a "garnishment" of wages, "attach" bank or other holding accounts, or "execute" on personal property; or you might reach a "voluntary" pay plan with the debtor. Of these, the only one not self-evident is the proceeding supplemental; where the debtor is ordered into court to answer questions concerning assets, income, and the prospects for satisfying the obligation. The length of time it will take to collect the judgment depends upon both the diligence of the creditor and the debtor's ability to pay.