Choose an Expert

Choose an Expert

Fast, affordable, 1-on-1 assistance

As low as $19
Fast, affordable, 1-on-1 assistance
Lawyer

Ask your own question to a Lawyer online now

As low as $19

Lawyers

I'm taking a tenant to small claims court...

Resolved • Response time 8 minutes

21 Sep 2021

I'm taking a tenant to small claims court for not paying 2 month's rent earlier this year and damaging the rental- the total equals $9000.+. Tenant is not employed-but he has $7000+ monthly income from an OSHA settlement. If I'm successful in getting a judgement, is collecting the judgement amount possible- eg-garnish bank account.
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: california
JA: What steps have you taken so far?
Customer: I made several requests by email and text message for the rent money with no money sent to me. Also informed tenant of additional costs for repairs. Tenant has had 5 months to pay back rent- nothing yet.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: 2 month's missing rent + late fee = $2450. And $7000+damages to rental
Read Less

21 Sep 2021

Ask your own question
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Welcome and thank you for using Just Answer. My name is ***** ***** I'm the attorney who will be assisting with your legal question. So I understand, you know he received the settlement. Do you know where he banks?

21 Sep 2021
Customer reply
21 Sep 2021
Yes
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Once you have a judgment, you can garnish anything that isn't exempt. If he gets unemployment or disability, that you wouldn't be able to touch. But settlement money is up for grabs.

21 Sep 2021
Customer reply
21 Sep 2021
He is disabled because of an industrial accident. So the other party was found guilty of negligence and he gets a check for $7000 plus every month from an insurance company. That money is considered settlement money- Not a disability check. Correct?
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Correct. When I say disability, I meant SSDI.

21 Sep 2021
Customer reply
21 Sep 2021
if I get a successful judgment, are the legal steps to garnish a checking account very difficult to start?
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Nope. It's just a form you then send to his bank with a copy of the judgment.

21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Oh wait, you're going after his bank account. You'd have to file the form first with the court. Still not hard. Here is a sample: https://yolo.courts.ca.gov/system/files/ej130_0.pdf

21 Sep 2021
Customer reply
21 Sep 2021
The above form would need to be filed after I get a judgement. So once the bank receives the form they are obligated to stop payment to him and satisfy the judgment. I assume that once his bank account gets hit once, he will close the account.- but I will have most of the money owed . Is that what typically happens?
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

The bank actually usually won't let him just close the account since they can only take so much.

21 Sep 2021
Customer reply
21 Sep 2021
Ok- it sounds like getting most of the money is possible - perhaps all of it. I will carefully review the form that you sent me- and start following the recommended steps for filing a small claims action. Is there a way that I can return to you if I have more questions. Your answers were great and I'm hoping that if I need further help I can get back to you. Is that possible?
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Of course. This chat is open 7 days. As long as you come back to it, you're with me. After 7 days, you can form new questions and if you put "For Elizabeth" in front, they go to me.

21 Sep 2021
Customer reply
21 Sep 2021
Thanks for your help Elizabeth.So I can expect a membership charge on my credit card. Will there be other chargers for the questions I asked already?
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth
Law Clerk II

Not that I'm aware of. To be honest, we experts do nothing with billing.

21 Sep 2021
Customer reply
21 Sep 2021
OK thanks again Elizabeth. I will probably have to get back with you if I have questions about small claims court procedures. Thanks Chris
21 Sep 2021
Lawyer's response
21 Sep 2021
Elizabeth
Elizabeth

You're very welcome!

Customer rating:
Elizabeth
Elizabeth
Law Clerk II
Avg. question only $36
Expert
21 Sep 2021
Your question matters. Elizabeth and 11 other Lawyers are ready to help. Ask your own question

Ask your own question to a Lawyer online now

  • 100% money-back guarantee
  • Prices start as low as $19
  • Join 8.5 million satisfied customers
Conversations are covered by our Disclaimer.