subject: Do tenant criminal background checks online [print this page] Do tenant criminal background checks online
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It is not unusual that by the time the landlord has obtained a judgment against an ex-tenant, the ex-tenant is living in another state. Many landlords mistakenly think that the judgment has become uncollectible.
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Before starting the domestication process, one should consider the extra expense of collecting in another state and first determine if the debtor still has assets in the state where the judgment was obtained. If the ex-tenant still has assets in the state where the judgment was originally entered and the landlord can locate those assets, a landlord should first proceed against these assets rather than pursue the ex-tenant in his new state.
To have a sister-state judgment domesticated, you should determine the appropriate court in which to file (where debtor now lives), obtain a certified copy of your original judgment from the court that entered it, and file the proper form with a copy of the original judgment with the county clerk in the new jurisdiction for entry. Interest shown in the filing should be the interest that has accrued, calculated using the applicable rate from the state that originally entered the judgment.
Usually, the only valid defense against domestication of a judgment is that the jurisdiction in which the judgment was originally obtained was not the proper jurisdiction for that particular cause of action.Before starting the domestication process, one should consider the extra expense of collecting in another state and first determine if the debtor still has assets in the state where the judgment was obtained. For a landlord-tenant issue, the only likely claim would be that the judgment was obtained in a court that didn't have jurisdiction in the location of the rental property.
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