Legal Question in Real Estate Law in California
''dead beat debtor''
My wife and I won a small claims case from a tennant who refused to pay rent. The judgement was about $3,200.00. The judgement stated the x-tenant would make monthly payments of $300.00 until restituion was complete. Two payments were made and then they stopped paying. Is there a simple way of attaching wages or putting a lein on their bank account? The paper work we have suggests we need to mail them a ''judgement debtor's statement of assets'' form [sc-133] if they fail to provide proof we then can fill out another form ''appear for examination'' small claims form [sc-134]. There are other forms as well that force the tenants to appear but it apparent they don't indend to pay. Can we ''cut to the chase''?
Is there a simple path straight to garnishing wages, freezing their bank account, or putting a lien on their property? They were very defiant the entire time about all of it. On the judgement form it's specifically states ''if any payment is missed, the entire balance may become due immediately'' they haven't made a payment in 4 months and it's obvious they don't indend to without being forced by the courts!
1 Answer from Attorneys
Re: ''dead beat debtor''
Since you have the debtor's bank account number on the check, you should go to the Court and fill out a Writ of Execution and Sheiff's instructions to levy on the bank account.
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