ASSISTANCE NEEDED- URGENT
Posted by KATIE on May 15, 1997 at 10:52:21:
I was hoping someone would respond to help me, but not yet! 1995 I was
brought into court on an unlawful detainer, however, I had already
moved out, so the judge ordered Restitution Mute and gave landlord
judgement for $887.00 ( rent and Late charges) The unlawful detainer
was prompted by my 30 day notice to move and my holding of last months
rent due to landlords refusal to maintain property. Landlord was
holding deposit of $1025. Judge said Landlord had to provide accounting
of deposit within three weeks of my move out. Accounting not received
until 1 month 2 days after move out. Landlord had deducted cost
of judgement plus additional charges for writ of possession, marshall
cost and repairs on the items that had caused me to move out in the
beginning. I had sent the landlord a registered letter advising her
that she was beyond the three week requirement in CA for accounting of
deposit. I then assumed judgement was paid (according to her accounting
of my deposit) and never received any other communication from her. I
can only receive mail at a P.O. box because of the rural area I live in.
I still retain the same P.O. box as when I lived in her property.
two years later I received a summons for an order of examination. I
think I should have filed a motion to strike, since I had proof the
judgement had been paid. I called the clerk at the court and was told
I had to come to court. I did. The judge made me fill out the order
of examination before I could present my evidence of payment to the
court. THe judge then ruled that the original judgement had been paid
by her keeping the deposit. However, he also ruled I owed her $276.00
additional for the cost of the writ of possession, sheriff, and cleaning
cost. Landlord then sent him several letters commenting that she
would take it personally if he did not give her an additional $1500. for
various repairs! Judge then amended his order stating I now owed an
additional $887.00. with the comment that he did not know how he had
come to his previous decision. I sent a letter protesting this reversal o
of decision and also stating that since the issue of the illegal
detainer had been made mute, there was an improper writ of possession
given and I should not be made to pay for it. Additionally, Since I
was brought into court for an order of examination ONLY approximately t
two years after the original judgementcan he rule
on additional costs that she never filed for? I never received any
court papers advising I was being sued for additional costs? Also,
didn't I have to be served with the writ of possession? I never was,
even though, she was aware of my mailing address at all times. Also,
I was never sent copies of the communications she sent to the judge,
including her letter stating she would take it personally if he found
against her, and her letter stating she wanted to sit down with him and
the both of them could go over the facts. Does this smack of prejudice.
I now have to be in court on May 19 as the judge wants to clarify
everything again, as he does not remember what happened in court,
according to him, or why he came to his decision. I asked for
transcripts and were told there were none. No recording of the actual
hearings. there were two hearings. One for the unlawful detainer. I
filed an answer in that case, and he decided restitution mute. No
recording of the hearing on the OR either. I cannot afford an attorney,
but I need to know what to do. Is it legal to rule on additional
charges when I was summoned to an order of examination only on the
original judgement which I have proof of paid, as she submitted an
accounting to me of my deposit wherein she deducted the cost of the
judgement. Is it legal to charge me additional costs past the legal
time frame for doing so? She stated in court that she did not go into
the property (a free standing house) until one month after I had moved
out. Can I be held for any damages to that house when she waited that
long to enter? CA statute states she must render accounting of deposit
within three weeks of my moving. WHat should I do on May l9. Please
answer. Please help. Thanks
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