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Updated almost 2 years ago on . Most recent reply

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Collection on judgment

Posted

Hi ,

I am evicting tenant in one of my properties in California. I have a question if anyone uses other ways than salary garnishment and attorney/ collection agency to collect on judgment ? Can I seize tenant car ? Can I collect from state tax refund ? Also, can I request tenant current information about assets and workplace through court ?

Thanks for help 

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Greg M.#3 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
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Greg M.#3 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
Replied

What can you do and what should you do are two different things. Forget the car. Due to the extreme disruption losing a car could have on the entire family, courts are hesitant to allow cars to be seized (other than by the car lienholder). Many places also have exemptions that protect cars, as well as minimum equity requirements (for example, you may seize a car worth $30K, but the lienholder is owed $22K and there is a state exemption of $7500, leaving you with $500 for all your time and troubles). You cannot intercept their tax return, but you can time seizure of it from the bank. 

Your easiest way to collect is with wage garnishment and bank levy. Turn this over to an attorney / collection agency and spend your time running your business. 

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