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Collecting from Deadbeat Landlord

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donpelon

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

So, I won a Small Claims settlement against my ex-LandLord who failed to return my security deposit (this was a substantial amount). LL has failed to respond to any form of written communication regarding this. Scheduled a Debtors Examination, LL still failed to show up, communicate, or negotiate a settlement. A Bench Warrant has now been issued by the court against her for failure to appear. She doesn't own a car, so God knows if law enforcement will ever pick her up. This has been dragging out for over a year, and is extremely frustrating- as it feels like there is little I can do to address being completely defrauded with negligible consequences for my Landlord.

As I understand it: my best option at this point is to place a Lien against her property and hope that she tries to sell it in the near future- and maybe get my claim back. However, being that the LL is shady and financially incompetent as hell, Foreclosure and/or her filing for Bankruptcy could potentially shut down any claim I have to my settlement, correct? What are my options to see this money back, if ever?

Many Thanks!
 


LdiJ

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

So, I won a Small Claims settlement against my ex-LandLord who failed to return my security deposit (this was a substantial amount). LL has failed to respond to any form of written communication regarding this. Scheduled a Debtors Examination, LL still failed to show up, communicate, or negotiate a settlement. A Bench Warrant has now been issued by the court against her for failure to appear. She doesn't own a car, so God knows if law enforcement will ever pick her up. This has been dragging out for over a year, and is extremely frustrating- as it feels like there is little I can do to address being completely defrauded with negligible consequences for my Landlord.

As I understand it: my best option at this point is to place a Lien against her property and hope that she tries to sell it in the near future- and maybe get my claim back. However, being that the LL is shady and financially incompetent as hell, Foreclosure and/or her filing for Bankruptcy could potentially shut down any claim I have to my settlement, correct? What are my options to see this money back, if ever?

Many Thanks!
If you could find her bank account(s) you could levy those.
 

donpelon

Junior Member
Does the LL have new tenants?
Yes, she lives in a four-unit building. So three of them pay market rate rents. I believe I can't get access to her bank account numbers until she shows for the debtors exam. IF she's picked up for the warrant and brought before the judge for contempt, the judge can then conduct the exam. But until then...
 

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