Can I file a judgement on a deployed soldier or do I need to wait until he gets back?

Question

I recently got out of the military. For the past 3 years I have been working as a property manager at an apartment complex. I also rent out a house that I personally own. Most of my tenants are military... I deal with it all the time. The soldier that lived in my personal house divorced his wife and they skipped out without a notice. He got deployed about a week later and I didn't find out until the rent didn't show up in my account on the 1st of March. I kept his deposit due to not giving me any notice. He could have been let out of his lease with orders.... but hey why do things the right/easy way. Anyway there is about $800 in damage to my house that I am having to pay for out of my own pocket. I emailed him about the monies owed and he told me basically that his wife was supposed to tell me they were moving out and basically he doesn't see why he should owe any money. I know how to file a judgement on him but the question is do I have to wait until he gets back from deployment next year? I know the Soldier Sailor Civil Relief Act better than a lot of people but that detail I am not so sure about..... can someone who knows for sure let me know please.

Answer 1

You can file a suit agaist him now, have the papers served to him (or his rear-d commander) and wait for his return. If you wait to long, then the court might just through the case out. He is using his wife as a scapegoat, and you are entitled to your money because he did not break the lease properly. Just be sure you keep good track of all emails, letters, and documents. And have others from your company (or anyone who works with you) make a statement that he did not present you with orders prior to leaving. (because he seems like the type that would lie about it anyway)



Do not accept commpassion as an excuse, and be sure to save every email that is sent btwn you two.



I am a solider, and I understand where you are coming from. I am so sorry that he has done this to you.



Edit: For the idiot who thinks a secruity deposite is there for last months rent, you are wrong. He OWES the last months rent, as well as early lease termination fee, any damages (which this is were the SD comes into play) utilities and misc things wrong with the apt.

Answer 2

Didn't the security deposit cover the $800? The guy just got divorced and then deployed. How about instead of wasting your time looking up on how to get the $800 dollars you show some compassion for the guy and move on.

Answer 3

is this the intensity of your know-how of how the military works? Do you imagine we did not have a military until eventually the conflict and we are going to shrink back all the way down to 10 human beings conserving the lighting fixtures on until eventually the subsequent conflict. Our energetic responsibility military will shrink by some tens of thousands on the most. something else human beings will stay and practice for the subsequent conflict as we've continuously accomplished. thanks on your help.

Answer 4

As you said, you can try to sue a deployed service member but nothing will happen until they get back.

Answer 5

yes all legal actions can be put on hold while he is deployed. That being said: you CAN sue HER in small claims court and unless she herself is also AD and deployed, she CANNOT delay it.

Answer 6

Did you already return his security deposit? If not. Then there is your $800. And BTW, that isn't out of your pocket. Since it was HIS security deposit.

Answer 7

File suit against him whether or not he's deployed. If judgment is in your favor, the military will garnish his wages.