I currently have a judgment against a former landlord for around $550. I served him a writ of garnishment but he is self employed. He is refusing to comply with the writ. I was told by a small claims advisor that I will have to now sue him as a business entity. I'm not in the state of California so I would like to find to do this for me. Also, I don't know how much to sue for.
You don't need to sue; you need to collect. There are a number of ways to do this. You can conduct a debtor's exam. You can levy on his bank account. You can get his income from his business.
The problem is, the amount due is rather small for anyone to take this on.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
I'm not sure that you need to re-sure the landlord you probably just need to enforce the judgment. Depending on your case you might be entitled to attorney's fees to enforce the judgment - meaning the defendant has to pay for legal fees. I would talk to a local attorney and have them review your case.
Please be advised: I'm licensed in California only. This response is intended only as general commentary not legal advice and does not create an attorney client relationship. This response may be considered "attorney advertising" material. Nothing in this posting should be considered a guarantee, warranty, or prediction of the outcome of your case or any other case.
What you discuss would make sense if you had a judgment against the landlord individually but the landlord had a business entity that also employed the landlord. If you garnished the entity and it ignored it then the entity may have liability for ignoring the garnishment. The damages would be what you could have gotten from the enforcement procedure or the amount due on the judgment. You don't get to collect twice.
If there is no separate entity then a levy on the landlord doesn't make sense. Instead you want to go after maybe rent owed by a tenant, levy a bank account, etc.
If you find this answer helpful, please say so. This is a general response to a general question posted openly on-line. Answering this question does not create an attorney-client relationship or any obligation on the part of the attorney to take any action or respond further. There are often deadlines, time limits and procedures which must be followed to enforce legal rights or handle a case. The failure to take appropriate action as provided by law may lead to the loss of rights. If you would like to hire Mr. Bradley you will need to arrange a consultation and enter into a written fee agreement with him.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline