I have a real estate matter related to a purchase transaction in another state than where I live. The Seller happen to live in the same state and county as myself (Calif). If I was to obtain a judgement (my atty says I should have no problem doing so), how would I enforce it. Normally, one can record a judgement in the county it was obtain, but if the Seller has no other property in that county (or state for that matter), then what’s the point.
I have contact the Seller to try and resolve the issue without legal action, but gotten no response. Next step is small claims, but I have several small claims court judgements from other parties (mainly from deadbeat tenants) that I can wallpaper my garage with and thus learn the hollow victory of small claims.
The issues is $1300 so it not worth sending to a collection agency. Sure its not a lot, but I have already eaten several thousand in issues the Sellers forgot to disclose (the state of the property has weak disclosure laws).
Any thoughts/ experience would be appreciated.
MB
you’re right in that judgements by themselves are usually hollow. If you can find property that he owns and lien it, that will usually eventually get you paid if and when he tries to sell the property.
can I take a judgement in ABC County of State X and record it in County Y in Calif? will it attach? I know where this person owns property but it is not in the jurisidiction of the disputed matter.
Let me restate your situation as I understand it:
- You purchased a property in a state other than CA (the state of residence for both yourself and the seller).
- You are wondering if it is worth suing the seller to obtain a judgment.
First, you should determine WHERE you can sue the seller. It may be that you have the option of suing either in California OR in the state where the property is located. Second, determine where the seller’s assets (job, bank accounts, property) are located and if you can sue there, do it (and if you can’t :;shrug:: sue there anyway and let the seller apply for a change of venue ).
If you are unable to sue where the seller’s assets are, find out how difficult it is to domesticate a foreign judgment in the jurisdiction where the assets are located. Each state has different rules regarding foreign judgments.
In other words, if you have to sue in the other state, get your judgment there and then domesticate the order into California. You will then be able to go after all of the seller’s California assets. You probably WANT the order to be enforceable in California (unless I missed something) as there are so many legal ways to collect judgments here [provided that the debtor has assets in the first place].
Christine
Yep, that’s my question.
The good thing is your post (Christine) is it prompted me to review requirements here in Calif and I can sue in the jurisdication the (potential) defendant lives (happens to be the same county as myself). However, that opens a new question as to how interested is a judge going to be to deal with a breach of contract case involving a contract that is by default not bounded by the laws of California. It would seem that the judge would immediate dismiss the case due to jurisdication issues.
Any thoughts would be appreciated
Yep, that's my question.
The good thing is your post (Christine) is it prompted me to review requirements here in Calif and I can sue in the jurisdication the (potential) defendant lives (happens to be the same county as myself). However, that opens a new question as to how interested is a judge going to be to deal with a breach of contract case involving a contract that is by default not bounded by the laws of California. It would seem that the judge would immediate dismiss the case due to jurisdication issues.
Any thoughts would be appreciated
Because both you and the seller reside in the same county in California, it is POSSIBLE that your agreement would be covered under California law, depending on how it was negotiated and how it was written. Did you and the seller discuss/negotiate this transaction in California? I’m thinking that would be the way to give California juridiction.
On the other hand, if you found out about the property and negotiated through an agent local to the property, it may be that the contract is entirely under the jurisdiction of the the other state.
That said, jurisdiction is an affirmative defense (when raised by a defendant, it is up to the plaintiff to PROVE it to be incorrect, the burden is not on the defendant). However, the judge is under no obligation to defend a case for a litigant…so unless the seller knows to use it as a defense and can overcome your presumed counter-argument (that while the PROPERTY is located in another state, the sale and the contract were negotiated in California and is therefore subject to California contract law) it may not matter.
It would be well worth your time to consult an attorney in your area that is familiar with your local courts and real estate law. If you don’t know of a good real estate attorney, contact a few local real estate agents to see if you can get a referral. usually for a small fee an attorney will review the actual contract discuss the entire situation that led up the the transaction and can give you an idea as to whether or not you will be able to file in California. [If this is a small claims court matter, I would personally try filing in California-chances are the selelr won’t show up [you’d be surprised at how high a percentage of people don’t] and the jurisdiction issue won’t come up).
He/she should also be able to tell you (in the event that you aren’t able to file in California) whether or not you can easily domesticate a foreign order into California.
Christine