Legal Question in Landlord & Tenant Law in California
Landlord vs tenant
I won my security deposit of 1700 back in court from my landlord. I can not get him to pay me. I have filed an abstract with the county to begin the process of a lien. Please help I have no clue whats next.
3 Answers from Attorneys
Re: Landlord vs tenant
My colleagues have given you excellent advice. Follow it!
Re: Landlord vs tenant
Your abstract of judgment becomes an automatic lien on the property when it's recorded. However, you can take a debtor's examination. If you don't retain an attorney to assist you, there might be on-line help or books in the self-help section of the library or bookstore.
Re: Landlord vs tenant
Get a writ of execution issued by the civil clerk to collect the amount of your judgment. You'll need this regardless of what enforcement method you use. If your landlord is employed by some else (i.e. don't bother with self-employed debtors), fill out the sheriff or marshal's office paperwork together with your writ of execution to have them garnish his wages. If that isn't available, consider going after someone who owes rent or other money to the debtor landlord (i.e. a debtor of the judgment debtor). You probably will need a lawyer to do that approach so you don't commit abuse of process. Or you could set a judgment debtor exam through the court who issued the judgment and have him served by the marshal or sheriff: you use that procedure to ask questions about his assets, bank account, employment, etc. If he doesn't show up a bench warrant will be issued for his arrest. Good luck!