Legal Question in Civil Litigation in California

I had a tenant who wouldn't pay her rent so I started eviction proceedings against her. Just before our court date for the unlawful detainer she moved out, so the court said that I no longer had an unlawful detainer case and that I had to go to a different courtroom for an OCS. I was told to file a CIV 100 and a UD 116. I filled in the CIV100 as a court judgement so I can get my money back, however I got a letter saying that I have to file a CIV100 (Request to enter default). Does that mean I just fill it in as that and don't list how much money she owes me? And I don't know her new address. Is that a problem? I hope someone can make a little sense of these forms for me!


Asked on 8/04/11, 11:16 am

1 Answer from Attorneys

Herb Fox Law Office of Herb Fox

I have handled my share of landlord-tenant cases, and in my experience, once you have succeeded in regaining possession of the premises, you have won 90% of the battle. Going after the former tenant for money may well prove to be a lost cause and a waste of time. She is a deadbeat and is likely not good for the money, and that you don't know where she is only shows how unlikely it is you that you will collect.

That being said, it is true that the judgment will be good for 10 years or more and gains 10% interest every year. It is your choice to make. But your time might be better spent finding a new tenant rather than chasing the old one.

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Answered on 8/04/11, 9:36 pm


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