Can I garnish a tenant for non-payment?

04/28/2009 - Landlord Tenant - State: MS #16287

Full Question:

Can you get a court order to garnishee a tenant or former tenants wages because they failed to pay rent if you can show proof of non-payment?

Answer:

After obtaining a judgment against a tenant, it is possible to have his/her wages garnished. If a judgment debtor owes you money but has failed to pay (or refuses to pay), you may garnish a judgment debtor's bank account or his or her wages. If you intend to garnish the debtor's wages, you'll need the name and address of employer. If you're unsure of where the debtor works, you may need to ask the debtor's friends, neighbors, tenants or other acquaintances. If you intend to garnish the debtor's bank account, you'll need:

*
Debtor's line of work;
* Name and address of the debtor's bank (the head office info is best)
* Debtor's account number. (if you've done business with the debtor, you may be able to get this information from the back of a canceled check, otherwise you'll need to speak directly with the bank and show them the judgement in order to obtain the account number)

Mississippi statutes also provide for a lien on the tenant's personal property. I suggest calling the local clerk of courts, as procedures

The following are Mississippi statutes:

§ 89-7-7. Remedy by action for rent in arrear.

A person having rent in arrear or due upon any lease or demise of lands for life or lives, for years, at will, or otherwise, may bring an action for such arrears of rent against the person who ought to have paid the same or his legal representative.

§ 89-7-51. Lien of landlord.

(1) Every lessor of land shall have a lien on the agricultural products of the leased premises, however and by whomsoever produced, to secure the payment of the rent and of money advanced to the tenant, and the fair market value of all advances made by him to his tenant for supplies for the tenant and others for whom he may contract, and for his business carried on upon the leased premises. This lien shall be paramount to all other liens, claims, or demands upon such products when perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101, et seq.). The claim of the lessor for supplies furnished may be enforced in the same manner and under the same circumstances as his claim for rent may be; and all the provisions of law as to attachment for rent and proceedings under it shall be applicable to a claim for supplies furnished, and such attachment may be levied on any goods and chattels liable for rent, as well as on the agricultural products.
(2) All articles of personal property, except a stock of merchandise sold in the normal course of business, owned by the lessee of real property and situated on the leased premises shall be subject to a lien in favor of the lessor to secure the payment of rent for such premises as has been contracted to be paid, whether or not then due. Such lien shall be subject to all prior liens or other security interests perfected according to law. No such articles of personal property may be removed from the leased premises until such rent is paid except with the written consent of the lessor. All of the provisions of law as to attachment for rent and proceedings thereunder shall be applicable with reference to the lessor's lien under this subsection.

§ 89-7-59. Before whom complaint made.

Such complaint and bond may be made before any justice of the peace of the county in which the leased premises, or some part thereof, may be situated, or of any county in which the property, or some part thereof, sought to be distrained or seized may be found.



Please see the information at the following links:

http://definitions.uslegal.com/p/promissory-notes/
http://definitions.uslegal.com/c/collateral/
http://definitions.uslegal.com/s/security-interest/
http://definitions.uslegal.com/c/cognovit-note/
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-T-NY-B-promis

04/28/2009 - Category: Landlord Tenant - State: MS #16287

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