Legal Methods for Collecting Small Claims Court Award?
March 8, 2023 11:49 AM Subscribe
In May of last year, I posted three questions regarding a landlord in Contra Costa County in California. I ended up winning the Small Claims court case in January of this year, which he did not attend. The judge awarded me a certain amount not only for my security deposit that he did not return, but also for all of the hotels that I was forced to stay at due to threats to my physical safety. How can I legally collect the money from him?
These were the three questions, in ascending order:
5/11/22: https://ask.metafilter.com/363355/Is-My-New-Landlord-Making-a-Pass-at-Me
5/20/22: https://ask.metafilter.com/363902/Requesting-Proofread-of-Letter-to-Landlord-Last-Question-Promise
5/30/22: https://ask.metafilter.com/363639/I-Rejected-My-Landlords-Sexual-Advances-and-Now-Hes-Acting-Out
The court date was on 1/17/23, and I received the notice of award on 1/19/23, so it has been almost 60 days since. There are certain options listed on the document for collection methods, but this person is incredibly elusive and unresponsive. The best route may be to have money taken from his house, but I'm not certain if he owns the property (almost certain he does, but he could have been lying about that, as well).
Does anyone have any suggestions or advice as to how to collect the money from him? If I contact the police department for the city in which the incidents occurred (where he resides), can they legally do anything? Thank you very much.
These were the three questions, in ascending order:
5/11/22: https://ask.metafilter.com/363355/Is-My-New-Landlord-Making-a-Pass-at-Me
5/20/22: https://ask.metafilter.com/363902/Requesting-Proofread-of-Letter-to-Landlord-Last-Question-Promise
5/30/22: https://ask.metafilter.com/363639/I-Rejected-My-Landlords-Sexual-Advances-and-Now-Hes-Acting-Out
The court date was on 1/17/23, and I received the notice of award on 1/19/23, so it has been almost 60 days since. There are certain options listed on the document for collection methods, but this person is incredibly elusive and unresponsive. The best route may be to have money taken from his house, but I'm not certain if he owns the property (almost certain he does, but he could have been lying about that, as well).
Does anyone have any suggestions or advice as to how to collect the money from him? If I contact the police department for the city in which the incidents occurred (where he resides), can they legally do anything? Thank you very much.
How much money is it, ballpark? Depending on the amount, a lawyer might be willing to handle the collection for a percentage. In general (very general), municipal/city police do not enforce judgments, sheriffs do. But the sheriff likely needs a court order directing execution of judgment on particular assets - the relevant county sheriff may have forms/checklists that may be helpful to you. Another route to getting money on a judgment is to have a bank account garnished. If you have information on the LL's bank accounts - such as perhaps from where you sent your rent or if you have canceled rent checks - you may be able to have the bank garnish funds to satisfy the judgment. Search the relevant county court website for garnishment information/forms.
posted by Mid at 12:24 PM on March 8, 2023 [7 favorites]
posted by Mid at 12:24 PM on March 8, 2023 [7 favorites]
I found this information very interesting and possibly helpful to you: Collecting your judgement. Especially Order for Examination. Also this source suggests that a court date No Show has 180 days to appeal that they were not properly served. I have no expertise personally. (I've been a landlord, I've been a tenant and didn't like either that much.)
posted by namret at 1:29 PM on March 8, 2023 [5 favorites]
posted by namret at 1:29 PM on March 8, 2023 [5 favorites]
Small claims judgments are capped at $10,000 in California and it's unlikely you'll find a lawyer to enforce (although not impossible).
California actually has a pretty good self-help guide to collecting on a small claims judgment through the Department of Consumer Affairs. I imagine this is pretty similar to what the small claims court gave you on the judgment, too. As you'll see, most enforcement is done through the county sheriff's office rather than the police department per se.
You can find out current ownership info for a given property by calling a county assessor-recorder. Here's the one for Contra Costa County.
posted by peppercorn at 4:11 PM on March 8, 2023 [5 favorites]
California actually has a pretty good self-help guide to collecting on a small claims judgment through the Department of Consumer Affairs. I imagine this is pretty similar to what the small claims court gave you on the judgment, too. As you'll see, most enforcement is done through the county sheriff's office rather than the police department per se.
You can find out current ownership info for a given property by calling a county assessor-recorder. Here's the one for Contra Costa County.
posted by peppercorn at 4:11 PM on March 8, 2023 [5 favorites]
Also, you are entitled to 10% interest on the unpaid amount, and you can tack on reasonable collection costs you spend to enforce the judgement: California Courts - Small Claims FAQs.
posted by kristi at 11:46 PM on March 8, 2023 [2 favorites]
posted by kristi at 11:46 PM on March 8, 2023 [2 favorites]
the video "Legal Nuts And Bolts: Execution And Asset Seizure" lists various options that may work for you in CA
posted by Sophont at 1:02 AM on March 9, 2023 [3 favorites]
posted by Sophont at 1:02 AM on March 9, 2023 [3 favorites]
Response by poster: My apologies for the double post, but wanted to provide a bit more information. And to answer Mid's question, the award is approximately $2,200.
I just called the Assessor's office in Contra Costa County, and the people who own the house are a couple. I haven't yet found whether they have moved in and my landlord left, or if he still lives there and is renting the place from them. Regardless, he does not own the property.
In addition, he is self-employed and works for his own company (which seems sketchy and likely doesn't actually exist, but has a basic website). So, I wouldn't be able to file for his wages to be garnished, either.
I may be able to file for his car to be auctioned, but it appears that's a $1,500 fee in and of itself. I'm certain his car is worth more than $2,500 (minimum), but my security deposit (that he kept) was $1,600, so to me it isn't worth going this route. Unless I'm missing something crucial here.
If anyone has any other ideas, I would greatly appreciate hearing them. This person definitely knows what he's doing and how to evade the system; clearly this was not his first rodeo.
posted by Jangatroo at 2:01 PM on March 9, 2023
I just called the Assessor's office in Contra Costa County, and the people who own the house are a couple. I haven't yet found whether they have moved in and my landlord left, or if he still lives there and is renting the place from them. Regardless, he does not own the property.
In addition, he is self-employed and works for his own company (which seems sketchy and likely doesn't actually exist, but has a basic website). So, I wouldn't be able to file for his wages to be garnished, either.
I may be able to file for his car to be auctioned, but it appears that's a $1,500 fee in and of itself. I'm certain his car is worth more than $2,500 (minimum), but my security deposit (that he kept) was $1,600, so to me it isn't worth going this route. Unless I'm missing something crucial here.
If anyone has any other ideas, I would greatly appreciate hearing them. This person definitely knows what he's doing and how to evade the system; clearly this was not his first rodeo.
posted by Jangatroo at 2:01 PM on March 9, 2023
Several of the CA Small Claims Court websites say plainly that collecting the judgement can be the hardest part of the whole process - however, persistence and patience may be the keys to success, and remember that that 10% interest keeps accruing until you're paid in full (including your reasonable costs), so that may help motivate you to keep going until you get paid.
I recommend googling:
help collecting small claims california
Each county's website is a little different, but they're all saying basically the same thing - it's just that some are more specific and helpful than others. The one that looks best to me is the Los Angeles - How do I collect? page, which has links to helpful forms for all these options:
If you haven't downloaded the whole Collecting Your Judgment document, do go grab it and take a look.
Be patient with yourself while you wade through all this info, and as you try all the various steps. The courts are on your side - you've won your case - and every time he ignores a deadline or tries to skip out on his obligations, he's making himself look worse to them.
Take a bunch of deep breaths, and then try whichever of those options seems most likely to work. If it doesn't work, take a deep breath and try the next one.
Here's a big bunch of cheerleading from this corner of the internet - I hope you get your payment SOON.
Good luck!
posted by kristi at 5:51 PM on March 9, 2023 [1 favorite]
I recommend googling:
help collecting small claims california
Each county's website is a little different, but they're all saying basically the same thing - it's just that some are more specific and helpful than others. The one that looks best to me is the Los Angeles - How do I collect? page, which has links to helpful forms for all these options:
- if he's employed anywhere by anyone, you can garnish his wages (I know you said he's self-employed, but ... depending on how his company's set up, he might be considered to work for the company. Try searching California corporate records to see if you can get a list of officers.)
- if you know any of his bank account info, you can place a levy on his accounts
- you might be able to put a lien on his car - that might be less costly than filing for it to be auctioned
- if he has a place of business, you can have the sheriff go there and take money out of the cash register (a till tap; another version is a keeper). The sheriff will charge for this service, and you can tack that charge onto what this guy owes you.
- you can get his driver's license suspended, which may not get you any money but might bug him enough to pay you
Pay a $60.00 filing fee. Keep a receipt for this. You can have the cost added to what the other side owes you.
If you haven't downloaded the whole Collecting Your Judgment document, do go grab it and take a look.
Be patient with yourself while you wade through all this info, and as you try all the various steps. The courts are on your side - you've won your case - and every time he ignores a deadline or tries to skip out on his obligations, he's making himself look worse to them.
Take a bunch of deep breaths, and then try whichever of those options seems most likely to work. If it doesn't work, take a deep breath and try the next one.
Here's a big bunch of cheerleading from this corner of the internet - I hope you get your payment SOON.
Good luck!
posted by kristi at 5:51 PM on March 9, 2023 [1 favorite]
Response by poster: Thank you, kristi. Patience and persistence are absolutely the key here. My next step will likely be to call the Contra Costa County sheriff for the city in which my landlord resides (or at least, resided at the time of the incidents). The lien on the car and the potential suspension of his driver's license are definitely things that would light the fire under him, 100%.
posted by Jangatroo at 8:46 AM on March 10, 2023 [1 favorite]
posted by Jangatroo at 8:46 AM on March 10, 2023 [1 favorite]
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