Legal Question in Real Estate Law in California
Possession of Property
I recently won a judgement in small claims against roommate who moved out before lease was up. The roommate left property here. Do I have to relinquish any of the property before my judgement is paid off?
1 Answer from Attorneys
Re: Possession of Property
Assuming you have a money judgement that does not specifically name that property, you not only have to return the property on demand, you have to take reasonable care of it in the meantime.
Your judgement must first be entered. You should receive (at trial or by mail thereafter) a notice of entry of judgement. Then you can go after the debtor.
Thereafter, keep in mind that California exempts many items of personal property from levy and execution. Due to the exemptions, it is impractical to satisfy a judgement from personal effects such as clothes and furniture. Consider going after bank accounts, vehicles, wages, etc.
I suggest buying (or reading at the library) one or more of the small-claims self-help books or one on how to collect your judgement (usually spelled 'judgment' these days, by the way).
Good luck.
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