Legal Question in Bankruptcy in California
i am being sued by a credit card company for 6000.00 can they take my home
2 Answers from Attorneys
It's highly doubtful they could take your home if you assert your legal rights. Look into filing a declaration of homestead, have the lawsuit looked at in person by a lawyer, and be sure and respond within 30 days of service to avoid a default. Remember some credit lawsuits are filed after the statute of limitations or are bogus for other reasons. A bankruptcy lawyer is the place to start even if BK, for whatever reason, is not right for you. BK lawyers tend to have good knowledge of consumer debt issues including unfair debt collection issues.
If you are found to be liable for the credit card debt, then the credit card company can record a judgment which becomes a lien against your home, that might be satisfied when you either borrow against or seek to sell your home. By the way, you have 30 days from the date of being served with the summons and complaint to answer the complaint. Perhaps you have some defenses, like statute of limitation. So it's worth exploring the possibilities with an attorney. Also, it's a good idea to homestead your property.
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