california landlord tenant deposit
How does rental income garnishment work?
<p>I am a former tenant and never received my deposit. The small claims court ordered my deposit be paid in full. I understand I can garnish rental income from my landlord who still refuses to pay. My question is how does the garnishment actually work if he receives his rent payments via paper check?</p>

<p>Note I’m not asking how to file a garnishment writ of execution. I’m asking how the money is actually intercepted if he is payed in paper checks. I live in Southern California if that makes a difference. </p>

<p>In California you would engage the assistance of the local Sheriff. You would provide your judgement and instructions to the Sheriff and they would serve the tenant. The tenant would then pay the Sheriff which would then turn over the funds to you. It's important that you don't collect more than you are owed. A tenant cannot be evicted for paying a judgement instead of the landlord.</p>

<p>This is called a "third-party levy", and you should contact your local Sheriffs office for more detailed information in executing the judgement. So you need the writ of execution, file some judicial counsel forms and then provide instructions to the Sheriff. Exactly what the instructions need to say may depend on the local jurisdiction, but the Sheriffs office may be able to help with that.</p>
