Unpaid water bill in California

[Otto]

Jurisdiction

California

I am a landlord in California and our water company under billed our tenant who is no longer renting from us. Now they are coming to me to pay the under billed amount. I contacted the previous tenant and they are refusing to pay. I have paid it out of pocket and would like to know what are my options to recover this amount?

 

[Zigner]

Sue or eat it...there's not much more you can do.

 

[doucar]

I am a landlord in California and our water company under billed our tenant who is no longer renting from us. Now they are coming to me to pay the under billed amount. I contacted the previous tenant and they are refusing to pay. I have paid it out of pocket and would like to know what are my options to recover this amount?

Write it off as a business expense or sue the former tenant in small claims court and hope he is not judgment proof and you can someday collect it.

 

[army judge]

I have paid it out of pocket and would like to know what are my options to recover this amount?

I'm a dummy, mate.

I'm a curious dummy.

How much does the water agency ALLEGED is owed?

What period of time passed to accumulate the debt?

In what name is the PURPORTED bill addressed, yours or your former tenant's?

 

[zddoodah]

I have paid it out of pocket and would like to know what are my options to recover this amount?

Sue the former tenant in small claims court (presumably - how much $$ are we talking about?).

Did you really not know that?

 

[Otto]

Write it off as a business expense or sue the former tenant in small claims court and hope he is not judgment proof and you can someday collect it.

Thanks... what does it mean to be "judgement proof"? The lease agreement has an additional rent clause as well. Does that apply?

 

[Otto]

I'm a dummy, mate.

I'm a curious dummy.

How much does the water agency ALLEGED is owed?

What period of time passed to accumulate the debt?

In what name is the PURPORTED bill addressed, yours or your former tenant's?

Thanks, bud

How much does the water agency ALLEGED is owed?

A bit over one year.

In what name is the PURPORTED bill addressed, yours or your former tenant's?

Both. The owners name comes first and the tenant is additional name.

How much does the water agency ALLEGED is owed?

$250

The water company realized they had under billed all residents. They have sent the difference to everyone; but in my case (like some other landlords) the tenants have moved on. The under billing happened over the course of a couple years.

Do I have a case for small claims? Is it even worth it?

 

[Zigner]

Thanks... what does it mean to be "judgement proof"? The lease agreement has an additional rent clause as well. Does that apply?

Unpaid utilities don't seem to be rent to me...by definition.

Being "judgment proof" is a bit of a misnomer. What it means is that, even if you win a judgment against a person, you have no way of collecting (for various reasons). So, it's probably better to say that your debt would be uncollectible (even if you got a judgment).

 

[Zigner]

Thanks, bud


A bit over one year.



Both. The owners name comes first and the tenant is additional name.


$250

The water company realized they had under billed all residents. They have sent the difference to everyone; but in my case (like some other landlords) the tenants have moved on. The under billing happened over the course of a couple years.

Do I have a case for small claims? Is it even worth it?

For $250...it wouldn't even be close to worth it for me.

 

[Otto]

Sue the former tenant in small claims court (presumably - how much $$ are we talking about?).

Did you really not know that?

I am considering small claims, but this is my first rodeo.... just wondering if this sort of thing would stand in small claims?

 

[zddoodah]

The lease agreement has an additional rent clause as well. Does that apply?

Since none of us have read your lease, we can't say.

just wondering if this sort of thing would stand in small claims?

Small claims court is for anything up to $10k (for individuals). You're unquestionably entitled to be reimbursed, but I have to question whether it will be worth your time and money. The filing fee and costs of serving the defendant can be included in the judgment, but then you'll spend time and money trying to enforce the judgment. Of course, you presumably have the former tenant's bank account info, so enforcing the judgment might not be the crap shoot that it often is.

 

[adjusterjack]

Former landlord here.

I would sue despite the costs.

Two reasons.

1 - Just being served a lawsuit may scare the tenant into paying.

2 - Even if I never got paid I would have the satisfaction of knowing that a judgment would follow the person for 10-20 years and would do them some damage if they ever wanted a loan for something.

 

[army judge]

I am considering small claims, but this is my first rodeo.... just wondering if this sort of thing would stand in small claims?

You might prevail in small claims.
The big issue is IF your former tenant has the funds to pay you.
Usually, he/she is in a more dire financial situation than you are.
You must decide if you can eventually collect a judgment, should you prevail.

Bottom line, you'd have to do it yourself, or hire a company to try it in your stead.

Most companies charge a fee, as in a portion of your award to chase the deadbeat.

Key takeaways:
To sell a judgment for cash, you can use online judgment marketplaces or reach out to debt collection agencies that specialize in purchasing judgments. Provide the details of your judgment, receive offers from potential buyers, and complete the sale to receive cash for your judgment, often at a discounted rate.
If you've won court judgments but find it difficult to collect the funds from the debtor, selling the judgment to a collection agency for cash might be the best option. In this comprehensive guide, we will delve into the process, options, and considerations for selling your court judgments in the marketplace to turn them into immediate money.

Why Sell Your Judgement for Cash?
There are several reasons why you, as a buyer, might want to sell your court judgments for cash, including situations involving a debtor.

Time and effort: Collecting on a judgment can take a significant amount of time and effort, especially if the debtor is uncooperative or difficult to locate. Selling the judgment allows you to receive a portion of the judgement amount without having to chase after the debtor.
Expertise: You may not have the knowledge or experience necessary to effectively enforce and collect the judgment. In such cases, selling the judgment to a professional collection agency or law firm can be a wise decision.
Risk mitigation: There is always a risk that you may not be able to collect the full judgment amount. Selling the judgment for cash provides an immediate payment, which could be preferable to the uncertainty of collecting on your own.
Cash flow: If you need funds immediately, selling your judgment can provide quick access to cash that you can use for other financial needs.

How to Sell Judgement for Cash | Debexpert

Selling A Judgement: What You Need To Know Before Making The Sale - Creative Judgment Solutions, Inc.

The amount of money that you can expect for your judgment depends on several factors, including the type of debt and its current market value. Generally speaking, most judgments sell for between 10-15% of their face value. However, this price may vary depending on who purchases them, and other factors related to the statute of limitations claim itself.

It's important to remember that once you sell your judgment, it will no longer be enforceable in court—it's up to the collection agency, lender, or investor who purchases it from then on out.

How to Sell a Judgment to a Collection Agency - The Guide

Your call, boss.

 

[Otto]

You might prevail in small claims.
The big issue is IF your former tenant has the funds to pay you.
Usually, he/she is in a more dire financial situation than you are.
You must decide if you can eventually collect a judgment, should you prevail.

I do not believe that financial ability is an issue here. If it were and they would tell me so, I would either work out an arrangement or let it go completely. Instead, they are just being rude and unreasonable and basically telling me to go to hell. I want to send a message that this isn't OK and the charges are their responsibility.

What I wanted to request from the more wiser and experienced landlords here is an idea of whether I have a valid claim that will stand up in court, or the laws are such that they do not hold a prior tenant responsible for water bill they incurred during their tenancy?

Thanks again for all your help!

 

[army judge]

What I wanted to request from the more wiser and experienced landlords here is an idea of whether I have a valid claim that will stand up in court, or the laws are such that they do not hold a prior tenant responsible for water bill they incurred during their tenancy?

I owned 24 properties about 25 years ago.

I sold all of them.

Six months later, I was happily not a landlord.

Today I no longer deal with deadbeats, Jukes, or Kallikaks.

My money works for me.

Compunding interest is an amazing thing.

I don't need to send messages, or chase debtors.

I enjoy looking at my increasing, readily accessible net worth.

I wish you well, Don Quixote, as you chase a dream to send your
message.