Legal Question in Credit and Debt Law in California

Re: Civil Judgment Parameters

Answers to your questions:

"Do civil judgments allow for seizing retirement & SSI income of senior citizens?" Depends upon the situation; generally, "no".

"Can a forced sale of property occur on property where a homestead exists?" Yes. Happens all the time.

"Does interest accrue on debt that a creditor writes off or sells?" Yes, it will depend upon what the judgment indicates; if nothing indicated in the judgment, then post judgment interest accrues at 10% per year from date of entry of judgment. Interest is not affected by whether the creditor sells the debt, or writes it off. (A "write off" is typically an "internal" adjustment in the creditor's books that removes the debt off the books into bad debt; it generally has nothing to do with the valdity or collectibility of the debt.)

Re: Civil Judgment Parameters

In response to your 3 questions:

1. In most cases, private retirement plans are protected. However, you should read California Code of Civil Procedure Section 704.115. Public retirement benefits are governed by Section 704.110. Social Security benefits are governed by 42 U.S.C. Section 407.

2. Yes, if there is sufficient equity home to pay off liens, costs of sale and the full amount of the exemption to the property owner. Selling a homestead in California requires a court order to determine if there is sufficient equity in the home.

3. Yes.