Hello! It's been a little over than 2 years since I have moved out of the apartment. I had a lease agreement for a year, but stayed there only for 5 months, couldn't pay the rent, got 3 days notice and moved out of that place. I left the security deposit to the landlord, didn't even ask for it. Nothing was received from the landlord until yesterday, when I got a letter from their collection agency saying that I owe them $5000 (no explanation what are they charging me for) and I have to come to court for examination. Not sure what to do in this situation, asking for advice. Thanks!
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
This is not a criminal defense question, I tried to repost it for you in landlord/tenant. Not sure if that worked. When you sign a lease, you owe for the whole year, even if you leave early. The landlord must seek to fill the place as soon as possible, but you owe the rent, while the place is not filled. It sounds like you missed a court date, a default judgment was entered against you, and now they want to examine you to determine what your assets are, so that they can put liens on any assets you might have. If you just got a letter, it doesn't obligate you to appear in court, but if it is a court summons, you must go. You can go there and answer the questions about what kind of assets you have. This is my take, but this is also not my area of expertise. You should ask the landlord tenant attorneys this question. Good luck to you.
What basically happens at these examinations is that you show up, there attorney asks you if you have any money anywhere, if you have any jewelry, if you have anything of value period. If you do they will go after those assets. If you don't, they can't.
Be ware, I have heard of people going to these examinations and saying they have no money, but were wearing jewelry and the judge awarded the jewelry to the attorney.
Also, if you don't show up, you run the risk of a bench warrant being issued, so definitely show up.
It appears you might be referring to a judgment debtor examination. In order for you to need to go to court for examination, there must be a valid judgment in place, and the court must have issued the Order to Appear For Examination, and you must have been personally served with the Order to Appear. It is not enough for someone to call you on the telephone or mail you a letter telling you to appear. if you have not been personally served with the Order, you do not have to appear.
