Legal Question in Landlord & Tenant Law in California
I have a judgment against a tenant. He was not served with a prejudgment claim of right to possession because he had iron fences and locks so he was served based on an order to post. Now that I have judgment, almost every other week the tenant causes someone else to file a post judgment claim. Every claim (8 as of today) has been either denied on the facts or because the claimant never showed up. Just before the sheriff goes to evict (again and again) someone else files a claim. HOW DO I STOP THIS! The judge will not give me an order that no more of these claims are allowed. HELP!
1 Answer from Attorneys
The sheriff should be serving any prejudgment claim of right to possession when he serves the writ of possession. The court in your unlawful detainer case should have set a final date for any and all prejudgment claims of right to possession. This should have happened once, and the tenant should have been evicted by now.
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