Skip to main content

To sue against ex-tenant for unpaid rent and damages. My ex-tenants don't have jobs and recipients of SSI. Cannot garnish SSI?

Richmond, CA |

It's true, I cannot garnish SSI money. My ex-tenants owe me about $20,000. for unpaid rent and damaged/ransacked my property. They all are recipients of SSI. I mailed itemized security deposit by certified mail and email but one tenant refused to accept the mail, one accepted it. I have proof to mail it. My tenants sublet-ed part of my house and that person ransacked my place. I have only his P.O Box address so how can I serve my claim of plaintiff form? I have physical addresses of the other two. Should I go to superior court instead of small claim court? because they owe me about $20,000. They don't have any assets to collect, no wages, so what options do I have to sue. Do I need a lawyer if I sue them in Superior court. Do you think any attorneys will take it with contingency fee basis

+ Read More

Attorney answers 1


If the target defendants have only SSI as income, that may impact collecting the judgment, but it won't impact suing for the damages.

To serve a defendant for whom you have only a P.O. box, you have to make a diligent search for the underlying address, and if you cannot find it, can apply for leave to serve the summons by publication.

If you want the whole $20,000, then yes, you must sue in limited jurisdiction superior court, not small claims.

The only way to find out whether an attorney will accept your case on a contingent fee is to take all the information and evidence you have when you meet with the attorney and see what he or she will agree to.

Good luck.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer