Does my landlord have rights to garnish my wages? 9 Answers as of August 04, 2011My former landlord is threatening to garnish my wages, take possession of my car and or household possessions, go to court to sue for nonpayment of judgment against me or put a lien against my nursing license. My question is, can he legally do any of these thing?
Law Office of Jared Altman | Jared Altman
He can do some only after he gets a lawful judgment against you. He can then garnish your wages and attach your bank accounts. It's not so easy to take your car or personal possessions. It's possible, but not easy. He can't put a"lien" on your license. There is no such thing.
Answer Applies to: New York
Frances R. Johnson | Frances R. Johnson
Garnish wages, potentially depending upon whether he has a valid judgment and follows the proper court procedures. Garnishing can't be done without you being served with notice. Take possession of your car, no if it's your only car (applies to Colorado, not all other states). Take household possessions, it depends upon whether he follows the proper court procedure first, and you have to be provided notice. A lien cannot be placed against a professional Colorado license for a landlord-tenant judgment.
Answer Applies to: Colorado
The Coyle Law Office | T. Andrew Coyle
Your landlord would first have to get a judgment against you. He can only do this by taking you to court after you receive proper notice. Once someone has a judgment, it generally needs to be paid within 30 days. After that, it is possible to request garnish wages or place a lien on property. I have never heard of putting a lien on a nursing license, however, and doubt that is anything to worry about.
Answer Applies to: Illinois
Law Office of Neal L. Weinstein | Neal L. Weinstein
Simple answer is yes. Once he sues and gets a judgment, the landlord can garnish wages, and seize other non-exempt assets. If the landlord already has a judgment against you, it is best to work out a payment plan that you can afford, otherwise you can be disclosed in court. You need to contact an attorney or Pine Tree Legal for additional information.
Answer Applies to: Maine
Durgin Law, LLC | Matt Durgin
A holder of a judgment can attempt to enforce it through legal means such as garnishment, however, the key is that they have to have a judgment in place and have to be able to actually enforce itno small matter since getting a judgment is pretty easy but collecting can be very difficult. A judgment is what can potentially happen if they take you to court and actually win. The tone of your question does not lead me to believe that has happened. If the landlord does have a judgment then they could apply to garnish your wages but without the assistance of counsel it would be difficult and there are limitation even if s/he did figure out how to do it (e.g. no more than 25% of your take home wages per pay period can generally be garnished in Kansas). If the car was not used for collateral then it would be very difficult if not impossible to "take it" legally to satisfy a judgment especially if you owe money on it. A security interest in an automobile is perfected by notation on the title itself and/or possession. I assume your landlord does not have the car and has not placed a lien on it by notating the title. Never heard of a lien on a licensesuch as a nursing license and off the top of my head I don't think it is possible.
Answer Applies to: Kansas
Law Offices of Rami Nabi | Rami Nabi
If your landlord has a judgment against you he can place a wage garnishment or lien on your property including your license. In order to stop a wage garnishment or collection matter either a settlement must be made (some payment to him) or a bankruptcy filing will also stop any collections.
Answer Applies to: California