Lucerne Valley, CA asked in Landlord - Tenant for California

Q: I am a California tenant and my question is how a landlord can take you to court and win when you were never notified.

I moved out 15 days prior to the ending of the 1 year contract which they said they would except if I gave ample notice, which I did, and they had a forwarding address and my current employer. I was never notified until their lawyer filed to garnish my wages from my employer 2 years after I moved out.

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1 Lawyer Answer
Pahoua C Lor
Pahoua C Lor
  • Landlord Tenant Lawyer
  • Fresno, CA
  • Licensed in California

A: It sounds like the landlord was able to get a judgment against you and that is why your landlord is garnishing your wages. If you have no idea what type of lawsuit your landlord filed or what the issue is because you were never served the documents, you may file paperwork to set aside the judgment. The reason for your request is that you are alleging you were never served or had actual notice of the proceedings. Depending on the situation and further facts of your case, there are timelines that must be followed if you want to set aside the judgment.

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