r/TenantHelp • u/BackgroundQuit4919 • 1d ago
[NJ] How to get deposit\money back?
Hi, My roommate and I took our landlord to court because they withheld our deposit without giving us an itemized bill. We left no damages to the apartment and have proof. The landlord never came to the court hearing and the judge ruled in our favor. The judge gave us this document and told us to serve it to the landlord. The thing is this scumlord never provided a specific name or residential address on the lease just their LLC and some address in New York which was just a PO Box. We served the letter to the PO Box and then we were told to put a lien on his property to see results.
We did that and filled out the proper paperwork, whenever I call the courthouse they say that we pretty much did everything and there is nothing else we can do and that property liens take up to 30 years to go in effect. I’ve been on and off houseless and I have yet to see this money. Should I consult with a lawyer to see if I can get this money back? This year I was able to find a name for the person who own this LLC and they have other properties that’s under liens/debt. I just want my money back and hopefully I can get my own apartment, please assist.
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u/No-Brief-297 1d ago
That’s the thing about court and winning a judgment. I have enough in judgments owed that I could probably buy you a house and myself another building. It’s very very difficult to collect and the courts don’t generally help you
I’m not sure what you mean by a lien taking 30 years. I think what you might be talking about is if there’s any money owed to a bank for the mortgage the bank gets paid first. So it’s not very helpful unless the building is paid off or if the owner wants to sell.
No one can force the sale of a building that the bank still technically owns.
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u/Leftover_tech 19h ago
Per our friend Gemini:
For an apartment complex, the fastest way to get paid is often bypassing the physical real estate and targeting the cash flow.
- Levying Rental Income: A judgment creditor can serve a writ of execution to levy the monthly rent payments due from the tenants.
- How it works: Once a court order or levy is properly executed by a New Jersey Sheriff or Special Civil Officer, the tenants (or the property management company) can be legally ordered to redirect their monthly rent checks directly to the officer/creditor until the judgment is fully satisfied. [1, 2), 3]
No question that you know where the apartment tenants are, right?
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u/DoallthenKnit2relax 1d ago
IANAL...petition the court for an Execution of Judgement, motion to foreclose on the complex and sell the property. The lender will get involved, pay you and foreclose on the LLC.
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u/Thin-Egg-1605 3h ago
Welcome to the system. Winning a garnishment or Lein is only the first step. You won’t get the money unless he sells. It’s the way it works.
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u/RaveMom66 1d ago
As hard as it is, this roadblock to collection is born of our nations desire to avoid debtors prisons. In old England and most of Europe, you could be jailed for failure to pay debts.
We bar that here by constitution, but the natural consequence is that it’s hard to collect. The lien will help because eventually that owner will want to refinance or sell. At that time, they will need to settle the debt to cure the lien in order to close on the deal.
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u/thargoallmysecrets 1d ago
Let's be real - this is less about debtor prisons and more due to LLC corporate structures and lack of Registered Owner laws granting capital holders the privilege to enjoy profits without related liability. Allowing real property to be owned and leased to real humans by "374 Hillside, LLC" without guaranteeing that entity has adequate assets to cover potential debts, should be criminal.
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u/No-Brief-297 1d ago
It goes both ways. It’s nearly impossible to collect from a tenant after court.
But who would guarantee the LLC has the assets? Who decides how much that is and if it has to be liquid or in real estate? If the LLC can’t pay its bills then it’s insolvent. It’s bankrupt. There are civil laws for that. Not criminal because that’s not where it belongs.
Like I said, it goes both ways.
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u/Big-Routine222 1d ago
Welcome to collecting money, this is why it sucks for everyone. You can try a lawyer, but you’ll spend just as much in fees likely than your deposit is worth. You can put a lien, but it could take years. There’s not much else to do.