Legal Question in Real Estate Law in California

Collecting past due rent from an evicted self employed Tenant

I have a renter in my house who paid the first two months on time, but has not sent any payments for the last three months. The eviction will be complete in about three weeks, but I am wondering if there is any way to get a judgement for the $3000 that he owes me? He is self employed and takes most of his paychecks as cash which he never claims. He currently has court ordered child support payments that he has to make, and I want to know if there is a way to legally make him pay me back? What is my best chance at getting my money?


Asked on 5/03/01, 11:08 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Collecting past due rent from an evicted self employed Tenant

Part of the eviction process is obtaining a judgment for damages (i.e., the unpaid rent owed to you). Once the judgment is obtained, you have a variety of methods to "enforce" that judgment, including levying on the judgment debtor's bank accounts, and garnishing his wages (the employer withholds the judgment debtor's pay in specified sums), among others.

Because there is a pre-existing judgment for support, that judgment will have "priority" over yours, so you may not see any money for some time. The good news is that a judgment is valid for 10 years, after which it can be renewed for an additional 10 years. Further, in California, unpaid judgment accrue interest at the rate of 10% per annum.

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Answered on 6/19/01, 1:35 pm


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