My question involves an eviction in the state of: California, Los Angeles County
Hello,
In February 2008, I was evicted from an apartment for failure to pay rent, due to some personal issues and a lack of proper planning on my part. I was approximately a month behind in rent, and had had some late payment issues in the past. When I received my 30 day notice, I moved out. I did not go to court, and rightly assumed a judgment would be entered against me. I did not receive any additional communication from the court or the property management company.
I'm finally in a position to pay whatever is owed to the landlord, but having trouble finding out what the amount owed is. I've been trying to reach the property management company, but the number I have for them no longer works and I can't find any additional listings. I'm able to see a case summary online, status is "disposed by judgment", but no dollar amount is referenced. How do I find out exactly who to pay and how? If I make a trip out to the courthouse where this was filed, will they have that information? Would it do any good now to contact the lawyer that was listed on the case summary?
Any advice would be appreciated.
How to Pay Money Owed for an Eviction a Year Later
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03-20-2009, 07:17 PMkrs81How to Pay Money Owed for an Eviction a Year Later
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03-21-2009, 07:02 AMLawResearcherMissyRe: How to Pay Money Owed for an Eviction a Year LaterThey should. Give the Clerk of Courts a call.Quote:
If I make a trip out to the courthouse where this was filed, will they have that information?
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03-21-2009, 07:31 AMCourtClerkRe: How to Pay Money Owed for an Eviction a Year Later
When you look at the case summary, scroll down. Unless this was the Downtown LA court, which makes their entries a little different, you should be able to see the judgment itself notated. May look something like:
JUDGMENT ENTERED AS A FINAL DISPOSITION ON XX/XX/XX (date) ,
FOR XXX (plaintiff) , AGAINST XXX (you) ,
PAST DUE RENT + DAILY DAMAGES $
XXX , ATTORNEY FEES $ XXX , COSTS $ XXX .
TOTAL $ XXX, AND FOR RESTITUTION OF PREMISES
LOCATED AT XXX (address), AND
THIS JUDGMENT OF POSSESSION APPLIES TO ANY AND ALL
UNNAMED OCCUPANTS OF THE PREMISES PURSUANT TO C.C.P.
415.46.
Otherwise, call the court on Monday, and also ask them if the plaintiff had an attorney. That's where you would send the money IF there was a monetary judgment entered. It's also possible that they asked for a judgment for possession only, which means there was no monetary judgment (which means you owe no money). -
03-21-2009, 08:03 AMhappymeRe: How to Pay Money Owed for an Eviction a Year Later
It's possible they asked for a possession judgement only which means there was no monetary judgement (which means you owe no money
Absolutely not true....a landlord can obtain a possession judgement and still have the ability to collect damages. This is normally done thru normal procedures set by the management company and you must be notified in accordance with Tenant landlord laws of your state. Check all credit reports...if it was sent to collections it will be on that and you can contact the collection agency listed. -
03-21-2009, 08:08 AMkrs81Re: How to Pay Money Owed for an Eviction a Year Later
Thank you!
This is what the summary actually says:
"02/13/2008 REQUEST FILED AND DEFAULT ENTERED OF (ME) , AND AS TO ANY AND ALL OCCUPANTS PURSUANT TO
415.46 CCP, DECLARATION UNDER 585.5 CCP, DECLARATION
PURSUANT TO 587 CCP , MEMO OF COSTS, IN THE SUM OF $
0.00 , AND DECLARATION OF NON-MILITARY STATUS FILED.
02/13/2008 JUDGMENT DEFAULT BY CLERK, CCP 1169, RESTITUTION OF THE
PREMISES ONLY ENTERED AS FOLLOWS:
02/13/2008 JUDGMENT ENTERED ON 02/13/08 , FOR (PROPERTY MGMT COMPANY)
, AGAINST (ME) , FOR RESTITUTION OF THE
PREMISES LOCATED AT: (ADDRESS), AND POSSESSION APPLIES TO ANY AND ALL UNNAMED
OCCUPANTS IN THE PREMISES PURSUANT TO C.C.P. 415.46."
So, if I'm understanding correctly, this was a judgment for possession only? -
03-21-2009, 08:18 AMCourtClerkRe: How to Pay Money Owed for an Eviction a Year LaterWhat do you mean it's absolutely not true that someone can get a judgment for possessioin only? People do it all the time... it's a business decision. They want the property back, they probably have no chance at getting the money, so they don't pursue the money portion. Don't correct me if you don't know what you're talking about. And by the way, the judgment will be on the credit reports anyway, whether there was a money judgment or not... IT'S STILL A JUDGMENT.Quote:
Quoting happyme
Newbies... -
03-21-2009, 08:21 AMCourtClerkRe: How to Pay Money Owed for an Eviction a Year LaterIt appears that there was a judgment for possession only and they never pursued money. You actually may not owe them any money, and that's why you've never heard anything, they already have their property.Quote:
Quoting krs81
You can contact the court Monday morning and ask them to look in the Case Management System to verify whether a money judgment was entered, but you would see it online if it was.
Good luck -
03-21-2009, 09:44 AMhappymeRe: How to Pay Money Owed for an Eviction a Year LaterOne...I am not a newbie...have been in this business for 15 years. In addition to having my real estate license, I am also certified as an apartment manager, have section 8 certification, tax credit certification and am a certified trainer. If you READ my post you will see that I never said that someone could not get a judgement for possession only...I agreed with that part. However, receiving a judgement for possession only DOES NOT waive the right for the landlord to go after monies owed at a later time or thru normal collection procedures. In addition...a judgment for possession DOES NOT end up on a credit report but will show up ONLY if court records are pulled...Credit reports are for MONEY judgements only. OP...my original post stands. In addition to pulling your court records it would be to your benefit to pull your credit report for any outstanding monies not received in the court proceedings.Quote:
Quoting CourtClerk
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03-21-2009, 10:17 AMCourtClerkRe: How to Pay Money Owed for an Eviction a Year Later
Ok, so let ME give you a lesson where the courts are concerned. Credit researchers report ALL civil judgments, regardless of whether they are for possession or money... PERIOD. How do I know this? 10 years of running around a courthouse in various capacities.
Did you notice the judgment is a YEAR old? The chances of someone going back and obtaining a money judgment after this long, especially if they were represented is close to none. Not to mention, if there was only one cause of action on the complaint, it DOES waive their right to collect a money judgment subseqently. None of your certifications say anything about you knowing anything about court procedure... so I'll leave it at that. -
03-21-2009, 04:13 PMhappymeRe: How to Pay Money Owed for an Eviction a Year LaterAgain, courtclerk, wrong! I know landlord tenant laws and obtaining a judgement for possession DOES NOT waive a landlords right to try and collect monies due at a later date. I also never claimed that civil judgements are not recorded...however they are NOT recorded on a credit report (such as equifax UNLESS there is a $ judgement.Quote:
Quoting CourtClerk