Legal Question in Business Law in California

Do courts have power?

in someone bought a how and havent payd it all get but are now missing does the court have power to enter an in personam judgment against them for the total indebtedness


Asked on 3/13/07, 10:12 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Do courts have power?

The first fifteen words of your question are unintelligible. The final seventeen words are correctly spelled and show some grasp of the language. I should probably have rejected your question as unintelligible, but it is possible to make a couple of meaningful observations.

First, a court can enter in personam judgments against parties that have been properly served and the court's jurisdiction has not successfully been challenged.

There are many limitations on what relief the court can grant a plaintiff. Among these limits is that if a defendant defaults, the judgment cannot award any greater relief than was demanded in the complaint.

Reading between the lines, it looks as though you may be asking about the power of the court to enter judgment against a purchaser of real property who disappeared before paying, and in favor of the seller.

If this is the gist of your question, I would refer you to Civil Code section 3046 regarding vendor's liens on a sale of real property. The text of the code is short, and to understand its real-world application you may want to look up case law interpreting vendor's liens.

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Answered on 3/13/07, 11:09 pm


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