Legal Question in Real Estate Law in California

How long to pay appeal judgment?

Hi,

I sued my ex-landlord in small claims court and

won. He appealed and I won again this morning.

How much time does he have to pay me the

judgment. I expect he will not pay me. What

are my best options in this area?

Thanks


Asked on 11/15/02, 6:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How long to pay appeal judgment?

As I understand it, ten days after the appeal was decided in your favor by the Superior Court, it will remand the matter back to the Small Claims Court, and you can then proceed at once to enforce the judgment. The Small Claims Court clerk should be able to tell you when the remanded (returned) paperwork is back.

At that point, you can ask for payment according to the terms of the judgment, either in person or, preferably, by writing the landlord a short but polite demand letter. Look on the back of your Notice of Entry of Judgment form as well as its face for any terms affecting payment or collection.

If, as you fear, that doesn't work, you may need to take enforcement steps. If the landlord you sued is the actual owner of this or other real estate, and there is equity in it, you are relatively fortunate and should be able to collect sooner or later. You might want to consult a self-help law book about small claims procedures and/or collecting your judgment.

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Answered on 11/15/02, 7:17 pm


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