Legal Question in Credit and Debt Law in California

Re: Abstract of judgement

From the facts given, it appears that the law firm at issue is trying to settle the pending legal matter with you at a "discount" rather than the full amount of the judgment issued in their favor. Thus, they are giving you until december 15th to accept their settlement offer or they will proceed in trying to attach a property lien or force sale of your home by virtue of their abstract of judgment, not simply give up all rights in pursuing their claim(s) against you. However, you may also have very strong rights here as well if you can give us a factual overview of everything that has transpired to date, in or out of court. Whatever you do, do NOT delay in seeking DIRECT legal assistance on this matter, or you could end up losing your home, etc..You still have plenty of time to address this issue before december 15th, so do not wait until the last minute and prejudice your rights or defenses herein. If you would like a free consultation, contact us directly today.

Re: Abstract of judgement

It is very common for lawyers to issue demands for settlement with deadlines. "Settle or else". The question becomes "or else what?" You have not provided enough facts to answer that question.

It usually means or implies that the lawyer will take some type of further action, but it is difficult to predict what that action might be. For example, you state that there is a lien attached to your home but that this judgment debtor wasn't on title to the property. It is hard to see under those circumstances how the lien could have attached to your home without knowing more details.

If the judgment debtor was on title when the abstract of judgment was filed, then there would be a lien on title. The judgment creditor could possibly have the property sold at auction. If you were a joint owner with the debt, remember that the creditor cannot sell your interest. If you bought the property form the debtor, you may have taken title subject to the lien. Whatever the facts are, you should consult with a local attorney as soon as possible to determine your rights.

Whatever their intentions are, the 12/15 deadline has nothing to do with their ability or lack of ability to pursue you for the judgment.

Re: Abstract of judgement

The letter is the attorney's attempt to settle a debt with you. Usually the settlement offer is for an amount less that what you owe. Therefore, to entice you to settle they reduce the amount, but put a deadline on it. In this case, if you try to pay after December 15th, then the settlement amount offer is gone and you have to pay the full amount.

Now, you say you don't owe the debt. It is unclear whether there is a pending action against your or judgment, but you should take immediate steps. Are you in the process of refinancing or something? Perhaps this turned up on a title report. It's not unusual for people with common names to have liens pop up and then its just a matter of straightening the matter out. We can do this for you, but you should act quickly. If they have a judgment, they can pursue it for ten years, and renew it for yet another ten years.