Legal Question in Real Estate Law in Pennsylvania
judgement in landlord tenant suit
I had a judgement against me for rent in a situation where gross negigence was an issue. I have been making payments on the judgement for the past 3 months, but have just moved to CA, and don't have a job. The landlord said if he doesn't get the payment that they will turn it over for sheriff's collection. Since all of my stuff and me are in California, are they going to be able to come in and inventory my stuff for Sherriff's sale?
1 Answer from Attorneys
Re: judgement in landlord tenant suit
A creditor from another state who has a judgment against a resident of California can collect on that judgment in California. All the creditor has to do is have the judgment "domesticated" in California. This process is relatively simple, although sometimes it can be expensive (i.e., the creditor will usually have to retain the services of an attorney licensed in California to accomplish the domestication). However, the creditor cannot simply "turn it over for sheriff's collection."
Once the judgment is domesticated, there is a wide variety of avenues the creditor can use to enforce that judgment. For instance, if the creditor knows where you work, it can "garnish" your wages; if you own real property (and have sufficient equity in that real property), the creditor can, apply to have that property sold.
That being said, a judgment debtor has a number of rights to protect them. For instance, Califonria allows judgment debtors to claim what are known as "exemptions." These exemptions protect certain property from creditors up to certain amounts.
In any event, if your creditor begins the process of domestication of its judgment, you will be notified by a California Court. Further, if the creditor attempts to execute on the judgment, you will also be notified, and given the opportunity to assert your rights.