Legal Question in Civil Litigation in California
My former landlord is a "legal technician" and I owe him back rent. In lieu of payment of the back rent, he let me sign over the right to collect a judgment I received through another court in another civil case that will more than pay it. The agreement over the payment of the back rent was only verbal, but of course the right to collect the judgment is in writing. At the time, he gave me no indication that he would have trouble collecting. Indeed, he called me up excitedly saying he found the assets of the person that judgment was made against and told me to notarize the right to collect the judgment, which we did. Now my former landlord is suing me for the back rent because he says he has no guarantee that he will be able to collect that judgment. While I know he has the right to sue me, is there any chance that a judge will look favorably on the other prior agreement and dismiss this case? Or is there a better chance a judge will rule against me? (I have little money and no assets.) And as an added caveat, at the time I signed over the right to collect that judgment, the Labor Board was doing it for me for free and now can not. So now that judgment is up in the air because if my landlord wins this case, I have no idea if he will collect that judgment and if he does, what will happen to the money.
Thank you.
1 Answer from Attorneys
If your landlord agreed to accept assignment of the prior judgment in lieu of back rent (and if this agreement contains the required elements of a contract), then that agreement is binding upon him. That the judgment may be hard to collect became his problem rather than yours when the two of you made this agreement. It sounds like you no longer owe him rent at all. If the court agrees, it should not allow him to collect anything from you.
Of course, you will have to prove that you and the landlord made this agreement and that it really does absolve you of any further responsibility. I hope you have it in writing. You may still be able to prove the agreement if it was oral, but your task will be much harder.
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