Legal Question in Landlord & Tenant Law in California

A former landlord sued me in small claims court and won a judgement of $850. Since I'm disabled and my only income is social security disability (direct deposit) can the landlord garnish my bank account? I have no assets and barely survive on what I get.


Asked on 11/15/10, 9:12 am

1 Answer from Attorneys

Your landlord will most likely try to levy your bank account, but you will then go to the Sheriff or Small Claims Court and ask for a Claim of Exemption package. You will notate that all of your income is social security disability, and you may argue that the income is exempt. However, judgments accrue interest at the rate of ten percent per annum until they are paid. You may or may not be successful because your landlord's judgment was for your necessities of life, i.e., a roof over your head. Judgments can be renewed every ten years. That interest mounts up over time. You may want to go to court and ask the court for a payment plan so you can pay it off without interest over time, at, let's say $25 per month.

Good luck!

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Answered on 11/23/10, 2:05 pm


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