Legal Question in Credit and Debt Law in California

Re: collecting a debt over $20,000

The first thing to do is give her a three-day notice to pay or quit. If she doesn't, you can file for an unlawful detainer (eviction). That would have to be filed in Cucamonga. You would need a landlord-tenant attorney there. Usually, their fees are reasonable and you can probably negotiate a flat fee. Because you're 7 months behind on the mortgage and in foreclosure, unless you can get the lender to work with you, you might be out of time by the time you ever see a dime -- if at all -- from your former friend.

Re: collecting a debt over $20,000

Normally I would tell you to serve her with a three-day notice to pay or quit and then file an eviction lawsuit when she failed to pay. This type of lawsuit is filed where the property is located and there is a court house located in Rancho Cucamonga.

You can ask for possession of the property and also get a judgment for the past due rent/mortgage payments as well. You will probably want to do this before you lose the property to foreclosure in case your "friend" disappears.

Most landlord/tenant attorneys will handle evictions for a very low flat fee for possession of the property. Collecting the judgment can be done on an hourly or contingent fee basis.

I'm probably a little far away to cost effectively handle the eviction for you, but I can probably help you collect the judgment you get for the unpaid rent for a reasonable fee.

If you plan on trying to keep the house, you need to make arrangements with the bank ASAP. Otherwise you, you may need to file a Chapter 13 bankruptcy in order to get caught up on the payments.

Re: collecting a debt over $20,000

Venue rules vary depending upon the nature of the contract. In general, you sue the debtor where the debtor resides. If the contract is in writing and was executed in Bakersfield, then you can sue there. If this is subject to certain consumer protection statutes, there are even more rules.

Unless the debtor's home is security for the debt, you cannot place a non-consensual lien. With a judgment, however, you can place a judgment lien. This is not necessarily enough, however, if there is insufficient equity in the house. Forcing a payoff is another story altogether.

You can call your local Bar Association for some low cost assistance. But I doubt that it's available for this type of civil claim.

We are judgment enforcement professionals, and we litigate judgment claims statewide. We are all over Southern California courts everyday, and we'd be happy to help. If you would like us to take a look at your claim and propose handling it on a contingency fee arrangement, we can do that. Call or email.

Good luck.