Legal Question in Business Law in California
Can a commercial landlord record a judgement for unpaid rent without going to court or nitifying the defendant (me)?
5 Answers from Attorneys
No, but if there is a judgment on record, then the landlord probably went to court either without notifying you and provided false proof of service, or defectively served you, or served you properly and you weren't paying attention. In any case, you would need to get the judgment set aside YESTERDAY. So if there is a judgment on record you need a lawyer NOW or you will lose the chance to set it aside.
Or, you may have signed a contractual lien entitling the landlord to record a judgment lien or a contractual lien without going through the courts.
Money judgments don't get recorded. What gets recorded is an abstract of judgment. An abstract of judgment has to be stamped and certified by a court clerk, certifying that the abstract is supported by a valid judgment.
If someone recorded an abstract of judgment, for a judgment that doesn't exist, then you have a slander of title problem, and the district attorney should be notified if there is a forgery. Additionally, the presiding judge should be notified if a court clerk certified an abstract for a judgment that does not exist.
I would check with the recorder first, to determine what was recorded. If an abstract was recorded, you need to verify with court personnel whether there was a case filing and judgment to support that abstract.
You need to go to the recorder's office and see what was recorded; perhaps get a certified copy. If it is a document reflecting some action in a court, then go to the clerk of that court and ask to see the file. Don't operate in the dark. All this is public record; you need to go look.
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