How To

Evicting a tenant is often just the beginning of the process for Oklahoma landlords seeking to recover unpaid rent, damages, or other costs associated with a rental property.

This is a TEST article and should not be relied upon.

Once a tenant has been legally evicted, landlords may find themselves left with unpaid rent, property damage, or other outstanding balances. This article provides a step-by-step guide on how to recover money post-eviction in Oklahoma.

1. Obtain a Judgment for Money Owed

The first step in recovering money post-eviction is to ensure that you have a court judgment for the amount owed. This judgment is typically obtained as part of the eviction process if the landlord included a claim for monetary damages along with the request for possession. If a landlord did not seek a monetary judgment during the eviction, they can still file a separate small claims or civil case to obtain a money judgment for unpaid rent, damages, or other costs.

2. Locate the Tenant’s Current Address and Assets

Once a judgment is obtained, the next step is locating the tenant and their assets. This may involve tracking down the tenant’s new address, employer, or bank accounts. Landlords can use resources such as public records, social media, or private investigators to gather information. In some cases, a process server or skip-tracing service may be necessary to track down a tenant who is difficult to locate.

3. Enforce the Judgment Through Wage Garnishment

Oklahoma law allows landlords to recover money owed through wage garnishment. To initiate this process:

• File an application for wage garnishment with the court that issued the original judgment.
• Identify the tenant’s employer, as this information is needed to serve the garnishment order.
• Once approved, the court will issue a garnishment summons to the employer, who will be required to withhold a portion of the tenant’s wages (up to 25% of disposable income) until the debt is satisfied.

Garnishment is often one of the most effective methods of recovering unpaid rent and damages because it ensures a steady stream of payments directly from the tenant’s paycheck.

4. Levy a Bank Account

If you have the tenant’s bank account information, you can file a bank garnishment with the court to levy funds from the account. This involves serving the bank with a garnishment order, which will then freeze the tenant’s account up to the amount of the judgment. If the tenant has sufficient funds in the account, the bank will transfer the amount owed to satisfy the judgment.

5. Place a Lien on the Tenant’s Property

In cases where a tenant owns real property, the landlord can place a lien against the tenant’s property through a procedure called an “Abstract of Judgment.” This lien acts as a legal claim against any real property owned by the tenant in the county where the judgment was filed. If the tenant attempts to sell the property, the lien must be satisfied before the sale can proceed. While this method does not provide immediate payment, it ensures that the landlord will be paid if the tenant sells or refinances the property in the future.

6. Utilize a Collection Agency

If locating the tenant or enforcing the judgment on your own proves too difficult, another option is to hire a collection agency. Collection agencies specialize in recovering debts and can use various tools to locate the tenant, negotiate payments, and pursue enforcement. While this option usually involves paying a fee or percentage of the amount recovered, it can be an effective way to collect funds without expending additional time and resources.

7. Renew the Judgment

In Oklahoma, a judgment is enforceable for five years. If you are unable to collect the full amount within that time frame, you can file to renew the judgment for another five years before it expires. This ensures that the debt remains collectible and gives you additional time to pursue payment.

Conclusion

Recovering money post-eviction in Oklahoma can be challenging, but landlords have several options at their disposal, including wage and bank garnishment, property liens, and using collection agencies. With the right approach and persistence, landlords can successfully recover the funds they are owed. Consulting with an attorney familiar with Oklahoma’s collection laws can help navigate these processes and increase the likelihood of a successful recovery.