Can you garnish a renters wages in Montana?

Question

I am actually asking for a friend. He has a son who has lived in his house for 4 years now. They have a rental contract. The son is supposed to pay $400 a month to live in this 3 bedroom house with a full garage and shop. He is not supposed to have pets or anyone else living there. The Dad just found out he has 2 large dogs, one of which has already bitten a neighbor child, and the son moved his girlfriend, her 3 kids and the girlfriends sister and sisters boyfriend into the house. For the past 2 years the son has only paid partial rent if any each month. The 2 years before that the Dad was lucky to get 100 bucks every 3-4 months. But it was his son so he did as most parents and let things slide. Now though he finds out that his son is moving all these people in and has pets and is not taking care of the house. The Dad has repeatedly asked the son to pay the rent etc. Threatened eviction and suing and the kids just laughs. Now we find out the son has moved his own children into the house. That's way too many for that house, and it violates the agreement. Just going back 1 year the son owes his Dad around $2000. Can the Dad garnish his wages? Or does he have to take him to court first? Not sure how this all works. The Dad lives in one county and the son lives in another - which county would the Dad even file anything in? Any help anyone can provide would be greatly appreciated.

K-chan · Accepted Answer

Yay for my father being the president of the landlord's association actually being useful!  He has to take the son to court.  He has to be able to prove when people were moved in etc.  The judge would have to garnish wages, but typically they will just grant a judgment for the amount and it is rather up to the son to then pay it.  He can in addition to the rent sue for damages to the property.  So have him get estimates of fixing what the dogs and people have done to the property.  He has to file where the property is.  Give me a text later and I'll forward you my father's number and he can help out your friend.  Just don't say who you got it from.

Landlord · Answer

Dad has to first go to court and win a  judgment.   He is NOT going to win back rent for more then a couple of months.    Letting it go for 4 years sets precedence.    Once he has a judgment ha can garnish wages.

He has to file the lawsuit in the county the house is in, where he lives does not matter.

Darius Clark · Answer

Its best to take him to court for violating a contract agreement. Its possible to garnish wages, but it has to be a court judgement first. Contact your local lawyer for more information on this topic.

Calvin C · Answer

every court in the nation is likely to LTAO at a suit for money it is his fault for allowing him to live there that long without paying.  he could get the som evicted though.  A suit must be brought in the county where the son lives no exception

CatDad · Answer

Only if he takes him to court and wins a judgement. Small claims court is usually where such issues are handled.

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Can you garnish a renters wages in Montana?

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