Legal Question in Credit and Debt Law in California
I have a $300,000 fraud judgement against a plaintiff who has $200,000 equity in his primary residence. Does the homestead exemption in California apply even in cases where fraud has been found?
Asked on 9/10/11, 10:37 am
2 Answers from Attorneys
Joe Marman
Law Office of Joseph Marman
Good question. I would be glad to research that for you for $50.00. Joe Marman
Answered on 9/11/11, 7:38 pm
Yes, it does. However, a state court fraud judgment is generally considered dispositive of the non-dischargeability issue in bankruptcy. So you are free to take what you can out of the house, and then hound the judgment debtor by all other methods available until you are paid.
Answered on 9/14/11, 11:02 am