How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
Type Your Landlord-Tenant Question Here...
Maverick is online now
A new question is answered every 9 seconds

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: 10 months ago.
Category: Landlord-Tenant
Expert:  Maverick replied 10 months 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 10 months ago.
Are you still there
Expert:  Maverick replied 10 months 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.

Please Note:

(1) The information provided above is general in nature and for educational purposes only. No attorney-client relationship is established without a signed written agreement and our communications are not confidential. Please do not act or fail to act based on this information. If you need or want legal advice you should consult with a local lawyer of your choice who can better guide you after reviewing all the pertinent facts and details. This disclaimer also applies to any telephone communications we have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and

(3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.

Customer: replied 10 months 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 10 months ago.

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

Expert:  Maverick replied 10 months ago.

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

Customer: replied 10 months 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 10 months 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.

Related Landlord-Tenant Questions