Legal Question in Landlord & Tenant Law in California

Back in 04' I lost a unlawful detainer. But I turned around and filed a small claims suit against the owner and property management co. in which I won. I was suppose to pay approximately 1500.00. But they owed me for 700.00 deposit and 1000.00 judgement. Now six years later I get this letter in the mail stating how much I owe these people. So I responded back with copies of the judgements, telling them that they owe me. Well now they are having my wages garnished at work. What should I do?


Asked on 6/16/10, 7:25 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I am confused. When you lost the Unlawful Detainer suit, unless he included a cause of action for damages, the landlord would only get you evicted. So he must have also asked for back rent. The other issues of security deposit and other damages should have been decided then, so as to avoid a second trial. So it makes no sense that you would then be able to get a judgment against them, and why they would not have raised the defense that you owe them $1500 so your award should be offset and reduced to $200.

You should go to the defendants and demand payment of your judgment; tell them if they do not stop the wage garnishment, or agree that you can pay the $200 in installment, then you might as well execute on your judgment against them.

Read more
Answered on 6/16/10, 12:56 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California