Legal Question in Consumer Law in California

My landlord owes me 600 more for not fixing the water to my apt for 16 weeks. I've begged f ok r the rest for almost 2 yrs. I moved a and they still wouldn't pay. I filed at small claims court , and I added 2000.Less than 3 days before hearing, after 2 yrs, the landlord sends me the 600. Waiting til the he last second to finally pay my money back ,itemized for nec no water situation. They live out of town, but probably wont show because they sent a check. Should I go anyway? What would happen if the check didn't get to me in time and I didn't know it was sent. Hes an atty.


Asked on 10/06/23, 11:44 am

1 Answer from Attorneys

Here's your dilemma: Do you take the money and run, or fight for more.

You are probably right that he won't show. If you've had to wait 2 years for your money you are legally owed more than the $600, though not $2,000. Still, if he no-shows you could get a $2,000 judgment. Now what? If you get a judgment for more than $600 you shouldn't even cash the check in hand, because it could be deemed an accord and satisfaction of the debt. So you have to do all the paperwork to get the judgment entered, get an abstract of judgment and record it in the county in which he lives (whole other can of worms if it's not in CA). Then you have to find his bank accounts. Then you have to get writs of attachment issued and served on the banks. Then you have to get writs of execution issued and serve them on the banks and then, maybe, the banks will send you the money, . . . if he has it in the banks you find.

Oh, and he might show up.

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Answered on 10/07/23, 10:22 am


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