Perfect Your Judgment with a Writ of Fieri Facias

December 28, 2015 · Coauthored by Joe Cloer & Susan Cook

Again, let me say — dispossessory is not collection. I hear from people every single day in every stage of the dispossessory process who are frustrated that no one is telling them how to collect the overdue rent. Moreover, these people get frustrated that I, personally, am not collecting their overdue rent. And I agree with every single client that it is just wrong to be out that much money — despite a judgment in their favor.

Dispossessory exists to get non-paying tenants out of your property, and in many cases it provides a judgment against the tenant for unpaid rent, utilities, and court costs. Winning your dispossessory means that those who do not pay must get out of your property; it also means those same folks are supposed to pay what they owe. Supposed to pay.

Judgments are not self-enforcing. Your tenants already proved to you that they did not pay as they agreed in your lease contract before you took them to court; sadly, the court that ordered them to pay you in the judgment does not enforce that judgment to pay you after court.

So, what can you do? Get a Writ of Fieri Facias, also called by the abbreviation — Fifa. A Fifa is a court-issued document that is proof of your judgment; it places a lien against your former tenant and any property that the tenant owns. Fifas can be recorded in any county in the state. The Fifa perfects the judgment that was handed down in court and is valid for seven years. After seven years, you can renew the Fifa so that the judgment stays on the tenant’s credit report, and you may continue pursuing that tenant for as long as possible.

A Fifa will help you in your collection efforts by providing you with a court-issued lien — proof that you are entitled to pursue that tenant’s future income and assets to make yourself whole, with official documentation.