Tenant not only now 2 months behind on rent, her lease expired June 1st and it states in the lease that it will be a month month agreement once the 12 month lease was up. She also has had a "roommate" move in and we have explained that that is a violation of her agreement. We have asked her on several occasions to give us the name and contact information of this person and the tenant won't disclose the information.
You can get forms at the court, but are you sure you want to do this yourself? It is not expensive to hire an eviction attorney in Kitsap, or an experienced property manager, to make sure things are done right. A missed step can set you back weeks.
Have you sent tenant a 3-day pay or quit notice? Have you thought of engaging a mediating attorney to contact tenant? Contact from a 3rd party sometimes gets results without additional effort and expense.
Don't proceed without consulting directly with one of us, so questions may be asked.
I agree with Mr. Moss 100% you need help to get the tennant on track or out of the unit. Proper written notice delivered correctly is vital to an eviction proceeding correctly the First time. Just hire a local lawyer add the fees to the judgment and deduct them as a business expense. At two months behind and with the attitude you describe you will have a difficult time collect the back rent at best. This is just some generic information for creditors.
The key to successful collections is information about a “way to go” from the debtor.
The debtor's income stream from wages or contracts must be legally intercepted before the debtor gets his or her hands on the money, or after the debtor puts the money in the bank. From contractual writs, to bank writs and attachments, to wage garnishments and attachments are normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale.
Remember if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issue is always the age of the account and fresher is better; when the debt hits the statute of limitations you are done.
Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect.
If you have a judgment you can conduct supplemental proceedings or a debtor’s examination or you can send interrogatories to the debtor.
If you suspect the debtor has transferred assets subsequent to your judgment or claim and you can prove it, you have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located.
You can also turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage.
I may not practice in your jurisdiction and talk with agencies and lawyers in the debtor’s area.
You can search the Avvo web site under the Find a Lawyer tab, or call your local attorney's Bar Association and ask for a referral to an attorney near you. But always remember to act quickly because for every legal right you have, there is only a limited amount of time to file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Helpful” review below. Please indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck
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