Legal Question in Landlord & Tenant Law in California
I had lost an unlawful detainer case because I did not have a lawyer and because of that, the landlord is now garnishing my wages but did not deduct the deposit that they were to return to me. I need to know what form I can file with the courts to take the $1000 off the garnishment
2 Answers from Attorneys
I assume it has been more than 30 days since you were notified of the judgment being entered against you so you can no longer appeal the judgment. If so, there is nothing you can do if the wage garnishment is lawfully being carried out. If the landlord did not return the uncontested part of your security deposit 21 days after you gave up full position you can sue for the deposit and double damages.
You first need to look at the security deposit disposition that the lanldord sent you to see how they applied the deposit. It is possible that the lanlord is claiming that the deposit was eaten up repairs to items that were beyond normal wear and tear and that you were not entitled to any credit toward rent.