Legal Question in Credit and Debt Law in California

Re: Abstract of Judgement

An abstract of judgment creates a lien against real property. It is very easy to do and most attorneys do it right away to protect their client and as a tactic for pressuring the debtor. A motor home is considered a (chattel) personal property and will not be affected by the abstract, but if you own the land that the mobile home is on, it could affect the land. They could force the sale of the land. This is a costly process and depending on home much you owe them, it may not be worth the effort and money. It does not affect the car. However, since there is a judgment against you, they could try to garnish your pension and get up to 25% of it or force the sale of the car. All processes that are costly and may not be worth the attorney pursuing.

I am not sure how much a small pension is to you, but if you truly do not make much money, you are considered judgment proof. That means it may not be worth going after you if there is so little or nothing to take. Since you earn so little it may not be worth the work to call you back into court to get the pension information and then garnish it. If you can't afford it, tell them that you can't. If they persist by garnishing your pension or selling your land, you may be eligible for bankruptcy. Filing before the sale or before the garnishment stops the sale and the garnishment.

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