As mentioned in an earlier post, landlords may be able to obtain a default judgment for possession of the property directly from the clerk of the court. If the landlord also wants a monetary default judgment, this relief will only be granted by the court, NOT the clerk.
Before discussing further, keep in mind that it is difficult for a landlord to collect money from an evicted tenant, especially if the tenant was evicted due to non-payment of rent. If the tenant had money, they probably would have paid the landlord the monthly rent. Even so, some landlords still want the monetary judgment against the tenant for the record.
In order to obtain monetary relief under a default judgment in an unlawful detainer proceeding in California, the landlord must have a court hearing. Rather than having to appear personally in court on a specific date and time, a landlord may be able to use affidavits or declarations. If this option is available, the use of affidavits or declarations might be much faster than waiting for a court date. Make sure the affidavit or declaration includes all relevant facts and information, similar to what the landlord would say if he were to personally appear on a court date.
Once an unlawful detainer monetary judgment is entered in California, the landlord can decide whether or not to seek collection of the judgment through various mechanisms available.
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
Click here for more eviction blog posts.
You may also use the “search” feature on the Law Office website here.