Legal Question in Civil Litigation in California
third party rent levy to collect judgement
Can creditor levy on section 8 tenant and subsidized rent portion from section 8 to collect judgement against previous landlord?
1 Answer from Attorneys
Re: third party rent levy to collect judgement
A judgment creditor can levy on just about any receivable that is owed to the judgment debtor. You used the term "previous landlord", so I am not sure if they judgment is still entitled to receive rent from the tenant or Section 8 subsidies.
Anyway, I was once successful is doing exactly what you are asking about. I represented and HOA with a $5000 judgment for unpaid HOA dues. The owner of the condo had a tenant. I serve one levy on the tenant and she paid her portion of the rent to the Sheriff's Department. I also had a levy served on the San Diego Department of Health & Human Services and they paid the rent subsidies to the Sheriff is well. It took several months, but I collected the entire judgment.