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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Need help with enforcement of monies owed from tenents

Customer Question

need help with enforcement of monies owed from tenents
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 2 years ago.
I am sorry to learn of this situation. Have you already sued your tenants and received a money judgment in your favor?
Customer: replied 2 years ago.
in one case yes and am about to evict another tenent for back rent
Expert:  CalAttorney2 replied 2 years ago.
Once you have a money judgment against the tenant/defendant you can enforce it using various writs of execution. You can garnish their wages, you can levy their bank accounts, and you can place liens on their personal (such as automobiles) and real property. Effective debt collections usually focuses on placing collections or levies on the debtor's "pressure points" (so if you have a debtor who spends a lot of time golfing - levy their golf clubs, if they have a special motorcycle - levy on that, bank levies work great because they are easy to do and the first one is especially effective as it is a "surprise" to the debtor because they do not get notice until after the funds are taken out.
Customer: replied 2 years ago.
You state that 'You' meaning myself can garnish, levy etc. The courts have been absolutely useless, just what is the process to initiate these actions
Expert:  CalAttorney2 replied 2 years ago.
You need to do this as the judgment creditor - so once you get the judgment, then go to the civil court clerk's office with the writs completed (you can get forms online or from the local law library or local self help desk) and the clerk will check them against the judgment, stamp them, and you can take the completed writs to the sheriff or a local process server to have the writs executed. (The courts will not independently take action to enforce the judgment, but they will authorize the writs to enforce the judgment).In addition to the above, you can also request a "debtor's examination" where you bring the debtor before the court and then you can question them about their assets, income, and liabilities (I usually recommend that you try a bank levy and levy on any property that you already know about first, but don't waste too much time "fishing" just go after the stuff you know is out there).