Legal Question in Real Estate Law in California

Re: Deposit

If you sent a written itemization of how you applied the deposit within 3 weeks after the tenant moved, you should be in good shape. If the damages not covered by the deposit or the first judgment are less than $100, as it appears to me, you may not want to bother with filing a counter suit.

An attorney may be of great help to you in collecting your judgment. If you know where the defendants have assets, such as a current bank account, you can fill out a writ of execution, pay a fee and have the court clerk of the court which issued the judgment, issue the writ. Then you can send the writ with written instructions and the required fee to the sheriff of the county in which the property is located. The sheriff will (eventually) levy on the property, sell it if you have so instructed and send you the proceeds to pay the judgment.

Re: Deposit

Taking your questions in order:

1. At first glance the ex-tenants do not seem to have a case, but there may be an untold story. The fact that you already have a judgment against these people will not help their cause, and in fact the principle of 'res judicata' (decided matters) should bar re-litigating issues that came up in the prior case.

2. If you have a claim for money in excess of your current judgment, and it arises from subsequent events or matters not previously litigated, you can present it as a counter-claim (Claim of Defendant), but you will have to file and serve it at least five days before your court date (with some exceptions).

3. Collecting a judgment is a science. It sometimes depends on whether there is property to attach or wages to garnish. A starting point would be to buy a self-help law book on small claims. I think there is even one specifically on how to collect your judgment. A general-purpose small claims guide would be helpful for items 1 and 2, however.

There are also small-claims advisors available in each county. Ask the clerk at the courthouse.