person suing me for civil suit I won against them

[jayarzate@gmail]

What is the name of your state (only U.S. law)? California

 

[jayarzate@gmail]

My ex landlord is trying to sue Me for money he never paid me in secruity deposits now I went through a collections agency and now they are trying to sue Me for taking money out of his wife account that she is claiming they are seperated and he is suing me on behalf of her

 

[Zigner]

My ex landlord is trying to sue Me for money he never paid me in secruity deposits now I went through a collections agency and now they are trying to sue Me for taking money out of his wife account that she is claiming they are seperated and he is suing me on behalf of her

I would suggest that you seek the advice of an attorney.

 

[latigo]

My ex landlord is trying to sue Me for money he never paid me in security deposits now I went through a collections agency and now they are trying to sue Me for taking money out of his wife account that she is claiming they are seperated and he is suing me on behalf of her

Well your misguided ex-landlord in attempting to present his "lawsuit" is going to encounter more knots than in unraveling a macramé plant hanger.

First of all the only way money could have been taken out of his wife's account would be by means of a writ of garnishment. Which means there was an underlying judgment granting restitution of the security deposit.

Whether the judgment was in your favor or recovered by "collection agency" which may have purchased the claim is immaterial. It is the issue concerning the deposit that is important.

Also, because California is a community property estate and assuming that the rental was community property and the security deposit was owed by the community estate, it makes no difference whether or not the husband was joined as a party defendant in the lawsuit.

WHAT IS IMPORTANT to you is that the legal issue of whether or not the community property estate was liable to make reimbursement of the security deposit has now been judicially and finally resolved in your favor. (In legal jargon the issue has become "res adjudicata" - L. for the thing has been final decided.)

So, if you are sued as threatened and don't opt to incur the cost of hiring a lawyer, you need to obtain a certified copy of whatever judgment was issued from whence came the writ of garnishment and explain to the judge what it represents.

The guy has other problems with such a lawsuit (I'm suing you because you took money from my wife, etc.) but this is one he ain't going to hurdle.