Mountain View, CA asked in Collections and Landlord - Tenant for California

Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

2 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: The Chase garnishment will last for only 90 days, but it can be renewed. You should file yours now anyway, so that you will be the next in line when Chase's ends. Otherwise, Chase stays ahead of you if you never get to the front of the line.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you hold a judgment for an unlawful detainer action, you indeed have up to 10 years to collect the debt. If Chase Bank is already attaching the defendant's wages, it means they have priority over any subsequent collections due to the timing of their actions. As you are second in line, any wage garnishment you attempt would only take effect after Chase's claim is satisfied, subject to the limitations on total wage garnishment under state law.

Deciding whether to enforce your judgment immediately or wait depends on several factors, including the debtor's current and expected future financial situation. If the debtor has limited resources now, but you anticipate their financial situation might improve, it could be strategic to wait. However, keep in mind that delaying enforcement could risk the debtor accruing more debts, potentially placing you further back in the line of creditors.

It might be wise to monitor the debtor's financial situation and periodically review your strategy. Remember, you can renew the judgment before the 10-year period expires to extend your time to collect. If you’re unsure about the best course of action, you might consider consulting with an attorney who can provide guidance based on the specifics of your case and help you understand your options for collection.

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