Legal Question in Landlord & Tenant Law in California

I sued my former landlord for unreturned security deposit. After receiving a default judgment in small claims court because the defendant (properly served) did not appear, and after waiting 30 days, I filed an Order to Produce Statement of Assets and to Appear for Examination and was given a hearing date. At the time of filing, I wasn't aware that the defendant had filed a Motion to Vacate Judgment on the last possible day. I received the Motion to Vacate in the mail several days later. What should I do now about the Order to Produce Statement of Assets and to Appear for Examination? Leave that hearing on the court calendar and let the defendant deal with postponing it (it's scheduled before the hearing for the Motion to Vacate), or tell the court myself?

Asked on 9/26/12, 10:26 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

My colleagues might disagree with me. I say do the debtor examination and, if the landlord doesn't show up, get a bench warrant. Interestingly, the landlord filed a motion to vacate and not an appeal. If it were an appeal, then you'd have a brand new trial and your collection efforts would be for naught. It's not certain that the motion to vacate will be granted, so you probably might wish to proceed with attempting to collect on the judgment as quickly as you can.

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Answered on 9/26/12, 5:24 pm

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