Landlord Tenant Judgment Tips

I am not a lawyer, I am a judgment matchmaking specialist (Judgment Broker). This article is my opinion on the subject of unlawful detainer civil judgments. This article is based on my experience in California. Laws vary in every state, and nothing in any of my articles should ever be considered legal advice.

Unlawful detainer civil judgments are awarded when someone does not pay their rent or fulfill the terms of their lease. This usually results in a civil court judgment for unpaid rent and sometimes damages to the property. When compared to other kinds of civil judgments, unlawful detainer judgments have 5 differences:

1) It is usually easier to identify the right debtor. A huge problem with most civil judgments is the judgment debtor's SS number and birthdate are not on judgments. If the debtor has a common name, it may be difficult to recover a civil judgment against them.

Usually, landlords know the judgment debtor's SS number, their date of birth, and a few previous addresses. One must be very aware of, and comply with privacy laws on keeping social social security numbers private. However, learning the judgment debtor's social security number is very important as many times it's the only way to know for sure the bankruptcy status of a judgment debtor. One must never violate a debtor's bankruptcy-discharged debts.

Note that some landlords are temporarily blinded by cash. When a renter pays cash for the deposit and first three month's rent, some landlords are happy - and sometimes does not check references, employers, or pull a credit report. Sometimes the renter never pays a dollar more, and they are sued for unlawful detainer. The problem is that some debtors write on forms that their name was Jim Smith, however that was not their actual name. The landlord was distracted by cash, and the unlawful detainer judgment will never be enforced.

2) The judgment debtors are often poorer, as least they were at the date of the judgment. People with money usually do not skip out on rent or leases. When the economy was doing better, it was common for debtor to have improved situations in the future. Even now, sometimes debtors inherit money or find jobs, so unlawful detainer judgments are not worthless. However, it's not a good sign when the debtor was poor or a scoundrel at the time of the judgment.

3) Landlords often are more likely to own more than one judgment. Some landlords recover their own civil judgments, and only show the most difficult judgments to judgment enforcers.

4) Unlawful detainer are more likely to have debtors who believe they don't owe money on the judgment. There are many ways this can happen. As an example, Bob, Joe, and Jack rented a house, all had jobs and good credit scores. As time went by, Joe moves out and Bob and Jack say "they will cover the rent, do not worry".

Later, there is an unlawful detainer judgment, where Bob, Joe, and Jack are all named as defendants. Joe got notice of the complaint by mail, but tossed it out as "he knew" it was not his problem. However, a default judgment will be entered, and Joe will become a judgment debtor. When a judgment is enforced against Joe, Joe will actually believe he does not owe money on the judgment.

5) Unlawful detainer judgments are for mostly rents and leases, so they are usually less than $10,000. Many unlawful detainer judgments are for amounts much less than that. However, they are not usually allowed in small claims courts. Even if the judgment is only $300, it usually must be heard in a civil court.

Besides these 5 differences, unlawful detainer judgments are just like all other civil judgments. May your civil judgment be recovered.

Comments? Questions? Email Here

© HowtoAdvice.com

How to Advice .com