Legal Question in Landlord & Tenant Law in California

Money judgement

My tenant moved out of my rental in June 2008. Sec dep was $1900.00. I took pictures before and after and the repairs etc used up all the funds and then some. I know what I can deduct, repairs, cleaning, reasonable labor etc. She sued us in small claims. I had documented everything in itemized form, had pictures before and after; very well put together for the court !!! She has TWO pieces of paper to give to judge, carpet cleaning from a month before and some hand written housecleaning receipt. Pro tem judge ruled in her favor of $1434.00. UNREAL! BTW, she did NOT use our legal names, just what we go by. Did not appeal due to the fact that is 'may' have cost me more?

So, yesterday we got a Notice of Levy from the county Sheriff's office to levy our bank account. They have the right bank listed but the wrong address in the wrong county. What should I do at this point? Change banks and make sure we put in our full 'legal' names? Write back and say these are not our legal names (although we showed up for court) How can I protect our money? Hubby only gets a retirement check (which I understand is exempt?) and I work on commission. If there is money in the account how would they know it's retirement funds?


Asked on 12/05/08, 3:15 pm

2 Answers from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Money judgement

You probably can't take the money out of your bank at this point. Even though its a different branch, if its the correct bank, then once they receive the levy, the bank will freeze your account, or at a minimum, freeze those funds necessary to pay the levy. If you read the levy form, you can attempt to go to court and have the levy removed, but you would have to prove that the funds are exempt, and you have to do it very quickly (my recollection is 7 days). You can try to pull the funds out of the bank before the levy is executed, but I fear you are too late. Should have appealed, as now that she has a judgment, short of filing bankruptcy, you will have to either pay her, or spend an inordinate amount of time and money avoiding her collection efforts. I would strongly suggest that if you still have time to appeal (which it sounds like you've blown that time frame), then get your appeal on file right now. If you are past that point, then you should probably plan on those funds coming out of your bank to satisfy the judgment.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/05/08, 4:55 pm
George Shers Law Offices of Georges H. Shers

Re: Money judgement

Unfortunately, I think Mr. Gibbs is correct. Small Claims court commissioners are infamous for their bad rulings that defy logic and the law. But you made the mistake of trying to play a game by not appealling and hoing to get by. I assume that both of you did show up at the hearing. You could try a motion to set aside the judgment to buy some time, but it will likely fail since the person who ruled against you wil also decide the motion. See if you can work something out with the tenant, but I would doubt you can. See if you can prove to your bank what part of the account is protected retirement benefits, but the bank will likely not want to be involved.

Sorry that you got burned by the legal system.

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Answered on 12/05/08, 5:14 pm


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