Legal Question in Landlord & Tenant Law in California

landlord rights- collecting

Scenario:

Kern county, California.

I had a tennant that did not pay rent in may '07. We served him a late notice. Come june he did not pay rent again, and had complaints from neighbors. We served him papers to pay and quit. We started the legal eviction process with the courts immediately. In 2 weeks the tennant moved out on a weekend w/o giving a 30 day notice and destroying the apartment and w/o giving a forwarding address. We mailed a letter describing the charges and why his deposit was not being returned and the remaining balance that he owes for damages. Becuase we did not have a forwarding address it was mailed to his previous address w/n 21 days, as by law.

Question: What is the best way to locate the individual? And collect the remaining balance that he owes? Is ther a way to attach wages or other option so that if a judge orders him to pay, all he has to do is say ''I dont have the money''- and get away with out paying. What would be the best practice in this scenario?

Thanks, Bryan


Asked on 8/02/07, 1:59 am

3 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: landlord rights- collecting

He can't simply say, "I don't have the money," and get out of his obligations.

It is funny that people thing, when they run into a financially tight spot, that suddenly the person who is their landlord suddenly becomes their daddy.

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Answered on 8/02/07, 5:27 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: landlord rights- collecting

1. skip tracing is an effective method in locating "missing" persons.

2. a small claims or civil court judgment against the person at issue will assist you in collections via wage assignment, bank levies and/or liens.

If you would like further legal assistance with this issue, and/or alternative, out of court means to collect on your losses herein, email our Law Firm directly with your request.

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Answered on 8/02/07, 5:29 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: landlord rights- collecting

You have done everything properly so far. The Post Office may have a forwarding address, but, by law, can't give it to you.

I am told that the enclosed website, especially the skip tracer part, will help you.http://www.crimetime.com/

You need to file a small claims action, serve it by publication, and then you can attach wages, attach a bank account, get a lien, etc. so that he will have to pay you before getting any kind of credit.

Good luck!

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Answered on 8/02/07, 10:03 am


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