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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I have an issue with my ex Landlord who is refusing to pay

Customer Question

Hi my name is***** have an issue with my ex Landlord who is refusing to pay back mydeposit. We have been to small claims court and the judge ordered him to pay. Sorry we had a Mediator and he agreed to pay me back a sum of money each month. He then asked the court for another court date and the Court denied him. I told that I have three options to try and retrieve my monies. Garnish his salary. Hes semi retired. Put a lien against his home.He will probably outlive me and last to garnish his bank account. Can you please advise me what steps I should take so Ican conclude this matter.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Reseda, California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I had been there close to three years. The place was left immaculate. Took photographs of everything
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats all
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Customer: replied 1 month ago.
Are you still there
Expert:  Maverick replied 1 month ago.

You should still put a lien on the home as you can try to foreclose on that lien if there is a positive equity balance that exceeds his exempt equity in the home. You do not have to wait till he dies or the house sells. You can also try to garnish his bank accounts and wages.

1. To attach a lien to his real estate, you can take or mail the abstract of judgment to the county recorder's office in any California county where he owns real estate now, or may own it in the future.

2. These forms should help you get started on the wage garnishment:

WG-001*Application For Earnings Withholding Order

WG-002*Earnings Withholding Order

3. Here are the instruction on how to garnish his bank accounts.

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Customer: replied 1 month ago.
Am I correct in thinking I can put a lien on his property, plus if he was working a job I could garnish his wages( he makes his monies by renting personal property that he owns and I can garnish his bank account. Am I allowed to legally to do all those things at once. I was under the impression I had to choose only one
Expert:  Maverick replied 1 month ago.

Yes, you can apply to do all three at once.

Expert:  Maverick replied 1 month ago.

Yes, you can apply to do all three at once.

Customer: replied 1 month ago.
What would be the correct form I should use to garnish his bank account and also if he ignores this where do I stand. Am I allowed to go back to small claims court again on this matter as I am now incurring expenses
Expert:  Maverick replied 1 month ago.

3. Here are the instructions and sample forms on how to garnish his bank accounts. Check with your court for similar instructions and forms.

Yes, you can go back to small claims court on this matter to enforce the judgment by garnishment.