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broken lease

Discussion in 'Other Residential Landlord & Tenant Issues' started by lynnjohn, Apr 2, 2011.

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  1. lynnjohn

    lynnjohn Law Topic Starter New Member

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    I was wondering if anyone here knew the answer to the question so I wouldn't have to contact the process sever if it wasn't necessary?

    What are the rules on severing someone in california. Are there places that are off limits, times or circumstances that would make it invalid ?

    Do you need a court judgment in order to send a bill to collections?
     
  2. jacksgal

    jacksgal Super Moderator

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    By not using a licensed "Process Server" you risk inproper service. Considering you have like a 2 day window to serve this person in CA its best to do it right first time
     
  3. jacksgal

    jacksgal Super Moderator

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    Guidelines for "service" can be found at http://www.courtinfo.ca.gov/selfhelp/smallclaims/serve.htm keep in mind your county may differ some and certain forms of service may not be an option. You really need a professional Process Server.

    Note: the guidelines at link above I believe refer to small claims. With dollar amount you seek you exceed to statutory max for small claims I believe
     
  4. mightymoose

    mightymoose Moderator

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    Anyone over the age of 18 that is not involved in the matter can serve the papers. Just be sure to return the proof of service to the court.

    From what you are saying here your best option is to wait and serve this person in California and get a default judgment when she fails to appear. With your judgment you can then try to go through the motions of collecting and getting it to show on a credit report. You can get the jdugment on your own pretty easily, but when it comes time to collect you may need some legal assistance.
     
  5. mightymoose

    mightymoose Moderator

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    No place is off limits. The person serving the documents would be wise to avoid trespassing, but even so the service would be valid. A church or any other public place is just fine.
     
  6. lynnjohn

    lynnjohn Law Topic Starter New Member

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    thank you mightymoose! This very good info for me. So if I can get her severed in california the judge won't throw it out because she has moved to tx in the mean time?
     
  7. army judge

    army judge Super Moderator

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    You're not getting the entire picture.

    Let's do it by the numbers.

    Say you serve her.

    Say she misses the court date, because she's in Texas, or enjoying herself at Disneyland.

    Why she misses court is unimportant.

    She missed court.

    You get a default judgment.

    That judgment is for $5,000.

    Now the battle begins.

    That California judgment is useless in Texas, unless you take it to Texas and get a Texas court to domesticate it.


    Be advised, the defendant can fight back at this point, and they often do.

    They become very protective of their credit.

    They don't want that damn judgment on it.

    So, they fight.

    Often they are successful in thwarting a foreign judgment to be domesticated in Texas.



    This website is ONE of MANY that explain how to domesticate a California judgment in a Texas court.

    http://www.ehow.com/how_7864635_collect-california-judgment-texas.html

    Now, it sounds simple, but it is far from simple.

    Because now you have to enforce (collect) on the domesticated judgment.

    You can hire companies to do this for you.

    They often charge anywhere from 33-50% (or morfe) of your judgment to do the legwork.

    They don't guarantee a result.

    They are probably about 40% successful.

    The biggest problem is Texas.

    The things you want to satisfy your judgment are often protected from seizure in Texas.

    Texas is a very debtor friendly state.

    Again, good luck!
     
    Last edited: Apr 3, 2011
  8. jacksgal

    jacksgal Super Moderator

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    NOt sure but the max in Small Claims in CA might be less than $5000.00. This means you would not be able to sue in small claims for any amount in excess of of max. Exmaple if max in CA is $3000.00 then thats all you can sue for in Small Claims. In addition as both Army Judge and I have told you winning is the easy part collecting will be very very difficult
     
  9. mightymoose

    mightymoose Moderator

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    The judge wouldn't know she is in Texas unless you tell him. She is unlikely to respond to your suit.
     
  10. lynnjohn

    lynnjohn Law Topic Starter New Member

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    max in california for small claims is $7500 from what I understand I would only be asking $7100.
     
  11. mightymoose

    mightymoose Moderator

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    The small claims limit in CA is $7,500.

    As the OP has said, she is not so worried about actually collecting, but wants to leave a negative mark on this person's credit report. With a CA judgment she should still be able to do that without going through the motions in TX, right? It will probably still take some legal assistance to get that done properly.
     
  12. army judge

    army judge Super Moderator

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    Texas small claims statutory limit is $10,000.
     
  13. lynnjohn

    lynnjohn Law Topic Starter New Member

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    If I get a judgement what is the action I must take to effect her credit if she doesn't pay up ?
     
  14. mightymoose

    mightymoose Moderator

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    If you get the judgment you can check with the court clerk for the procedure- I believe some courts do it automatically, and with others you may have to take a few steps. You can also let an attorney that does collections work it for you.
     

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