Landlord steals security deposit (page 4)

beksbks

Sixy, you wanna get tough?

http://www.youtube.com/watch?v=izT8wzrtmv0

AGuest

i have an attorney. i was looking for alternative ideas.

Then most probably the attorney also told you what your "alternative(s)" were: take the landlord to court... get a money judgment.... and record a lien on the property. When the landlord sells, you get paid. S/he most probably also told you that perhaps you could find someone willing to "purchase" the debt, but that finding someone to buy a debt owed to you... that YOU cannot even collect on... NOW... is slim to none (very few are willing to wait any length of time for a debt that is probable less than $5,000). Which is why you're "fishing" here for leads to a potential buyer... or "alternative" ideas.

Really, though, if there are any"alternative" ideas... other than the one(s) your attorney has already told you about... you should consider firing your attorney. 'Cause s/he ain't worth the retainer you're paying him/her (i.e., s/he should have told you ALL of your LEGAL options - and surely, by "alternative" you're not asking anyone here to suggest something illegal. Right?)

Peace... and hope you find what you're "looking" for!

SA, a slave of Christ, of the "Sometimes a thread evokes answers to more than one question/response to more than one statement, for example, when someone posts 'legal' information and/or opinions that aren't accurate and could give someone the wrong understanding of the law and/or get someone in legal trouble" Class...

besty

thanks AGuest for the further advice.

Recording a lien is not always a shoo-in post judgement. In any event, a lien is unlikely to aid my recovery if the property is foreclosed by the lender, or otherwise sold, and the 'owner' is upside down - I understand she is upside down by in excess of $500k - see earlier comment to this effect.

(very few are willing to wait any length of time for a debt that is probable less than $5,000). Which is why you're "fishing" here for leads to a potential buyer... or "alternative" ideas.

the debt is significantly more than $5000 - see earlier comment on Page 1 just above your post :-) If you were my attorney I'd fire....anyways....

I am hoping for alternative ideas - legal of course. These seem to be in short supply unfortunately.

Farkel

besty,

If she has no money or assets, then she probably won't have any or much money to fight you in Court. When you win, you merely file an Abstract of Judgement in California. It is good for ten years. I know, because I've done it. If she moves to another County in California, you will need to file an Abstract there, too, but it is (or at least WAS) very inexpensive to do.

You can try to collect on it, but that is difficult and can be expensive. What I did was wait, because I knew that Abstract will show up on any credit report and prevent her from buying any property, getting loans, and so forth.

Five years after I had filed my Abstract, I had completely forgotten about it. Then, my wife and I got a phone call. The women had married and she and her new husband were about to buy a home, but couldn't because of the judgment. I tacked on 50% (10% per year) onto the amount and told I would accept nothing less than that amount. Within 2 hours, I had a cashier's check in my hands.

I know that's not ideal, but it worked for me.

If I have wasted your time with this as you have already pointed out I do, I apologize.

Farkel

besty

no that is good information to have

thanks Farkel

besty

http://dirtlaw.typepad.com/blog/california_judgment_enforcementcollection/

if anybody else is interested in post-judgment recovery

Farkel

Oh, I forgot to mention this: not only is an Abstract of Judgement good for 10 years, it's renewable! The idea here is, sooner or later circumstances change in life as do financial situations. The Abstract prevents people from moving forward when circumstances change, until it is cleared off the recrod.

Farkel

JWoods

I have been on the landlord side of this in the past, both commercial and residential property.

We had to go to small claims court once (only once) in the past 10 years - on a residential. It ended up in a draw - we each retained half of the deposit.

What we usually do is do a walkthrough well in advance of the end of the lease, and Mai will tell the renters what needs to be done for full deposit return. Usually they do their best, and we do not try to be unreasonable.

Commercial property is another story - most problem renters here disappear in the middle of the night after their business goes bad, and it is a moot point about the deposit as by that time they usually owe about 2 months rent anyway. We only had one commercial rental which truly caused a lot of damage...it was a company that made Dune Buggy bodies and they left huge hardened pools of epoxy resin all over the floor of a warehouse. Others left a lot of junk around - old pallets, worn out machinery, and such - which carries a cost to dispose of.

I know there are some bad landlords out there who deliberately try to grab deposits (including, unbelievably, some very large apartment management companies) - but most property owners I know just want their regular rent and to have the property returned in clean good order.

Landlord steals security deposit

SixofNine

beksbks

beksbks

AGuest

besty

Farkel

besty

besty

Farkel

JWoods

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