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How Long After Eviction Can a Landlord Still Seek Money Damages

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  • 11-08-2018, 03:29 PM
    williamw
    How Long After Eviction Can a Landlord Still Seek Money Damages
    My question involves collection proceedings in the State of: California
    I was evicted 11 years ago; the landlord is still after me for $5000. Can he still take me to court? How long is the statue of limitation on such a case in California?
    Please help ps Its never been on my credit as well as never had a judgement ..
  • 11-08-2018, 03:44 PM
    adjusterjack
    Re: Eviction
    Quote:

    Quoting williamw
    View Post
    I was evicted 11 years ago; the landlord is still after me for $5000.

    What do you mean by "after me"?

    Quote:

    Quoting williamw
    View Post
    Can he still take me to court? How long is the statue of limitation on such a case in California?

    The SOL is 4 years. However, anybody can sue anybody for anything so, yes, he could still theoretically take you to court and you would have to raise the statute of limitations as an affirmative defense to get the lawsuit dismissed.


    Quote:

    Quoting williamw
    View Post

    Please help ps Its never been on my credit as well as never had a judgement ..

    Then you are home free and can tell him to pound sand or just ignore him.
  • 11-08-2018, 04:40 PM
    pg1067
    Re: Eviction
    Quote:

    Quoting williamw
    View Post
    Can he still take me to court? How long is the statue of limitation on such a case in California?

    He can file a lawsuit, but the statute of limitations has LONG since expired (it's four years, assuming you had a written lease and less if you didn't), so you'd have an easy defense. That doesn't mean he can't hassle you for the money.
  • 11-08-2018, 08:31 PM
    Mr. Knowitall
    Re: How Long After Eviction Can a Landlord Still Seek Money Damages
    Quote:

    Quoting williamw
    View Post
    I was evicted 11 years ago; the landlord is still after me for $5000. Can he still take me to court?

    If you are speaking of the enforcement of a money judgment that was entered eleven years ago then, unless the judgment was renewed, the judgment has expired. A California judgment must be renewed before it expires, and if not renewed it expires after ten years.
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