Legal Question in Real Estate Law in California
I have been awarded a default judgement in the state of California due to an assault perpetrated on me by the landlord (and owner) of the property where I used to live. The landlord an irresponsible silver spoon millionaire paid 3 men to force ably evict me with lead pipes, baseball bats and a pit bull. He and his cohorts were convicted of aggravated assault and two are still in jail. He turned states evidence (to avoid jail time) but was convicted of conspiracy and is on probation. He did not respond to the subsequent civil suit and we won a default judgement of 1.6 million. We sued him and the trust (named after him... The Crispin Barrymore Trust) which the property is in. The home is owned FREE AND CLEAR by "The Crispin Barrymore Trust". The incident happened at this property which is in Pacific Palisades California and is valued at close to the judgement amount. Can we put a lein or attach the property and force a foreclosure? How long does this take? I have been unable to work until recently and it has devastated me both financially and emotionally. Are there companies the would loan me money (a portion of my judgement) and wait for the payday? Thank you for responding.
2 Answers from Attorneys
I doubt you would get a company to loan you money based on a default judgment. I've seen companies loan money to litigants based on an outcome in a personal injury matter, but that usually required evidence that the defendant was insured.
You can execute on this judgment now, unless it has been stayed by the trial court or a court of appeal. Money judgments are usually stayed by a supersedeas bond. You may want to record an abstract of judgment now, to place a lien on the property. To execute on the judgment, you have to comply with the procedure to have the property sold by a sheriff's sale.
That will trigger payment, or at least a motion to set aside the default.
Although I agree with Mr. Roach, there are a couple of slippery slopes to be concerned about. First, there is a procedure in California for applying for an order setting aside a default or default judgment. The procedure must be initiated within certain time limits. Thereafter, it is much more difficult to have a default judgment overturned, and the grounds are much more limited. Under Code of Civil Procedure section 473 the ripening time is usually six months. There may be other provisions in the CCP suggesting minimum or maximum times for you, or for the defendant, to do this-or-that. Other concerns are whether the defendant was represented, whether he was mentally competent, and whether the civil action against him was properly served. I believe you should have a California lawyer review your proposed collection process, and in particular, determine the best time to record an abstract of judgment in the county or counties where the defendant has property. That will be very important to enforcement of the judgment.