If I’m being suid in small claims by my landlord, what can happen if I don’t pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m being suid in small claims by my landlord, what can happen if I don’t pay?
If I do not pay will I get arrested if I get pulled over?
Asked on January 16, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Initially, if your landlord sues you and wins (gets a judgment in his favor), he will be able to seek to collect the money (assuming you do not pay it) in a number of ways: for example, by garnishing your wages; by levying on a bank account (taking money out of an account of yours); by executing on property (having the sheriff or similar court offioer seize and sell some of your property);or putting a lien on any real estate you own. You are not subject to arrest for not paying a judgment; however, if you do not cooperate with attempts to collect on the judgment, that lack of cooperation could lead to your arrest. For example, in New Jersey (other states have similar procedurres), the landlord, after getting his judgment, could require you to fill out what's called an "Information Subpoena" which describes your assets, property, bank accounts, etc. If you refuse to fill this out and return it, your landlord could then ask the sheriff to arrest you. So you do not directly face arrest as a consequence of a lawsuit, but not cooperating with the system could lead to your arrest.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.