Tenant/Landlord/Agency
We won in small claims court against our landlord. The agency that held the deposit money despite the landlord's loss still released the deposit to him.
We are really upset about this.
What can we possibly do to get the money back?
Thank you.
Eeva Jyrala
Answer
If the judgment is a money judgment, then it does not matter that specific funds were released to someone else. You can enforce the judgment in the same manner as other judgments, by levying and attaching assets that belong to the judgment debtor.
If the judgment was a specific order of restitution against a named defendant, then you may have to enforce through contempt. This can be very tricky, as contempt is not to be used to enforce money judgments other than family law orders. I do suggest you have this reviewed by a competent attorney.
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