Legal Question in Credit and Debt Law in California
Credit Card Judgement
Can a credit card company that has a judgement against you force you to sell your home in California?
2 Answers from Attorneys
Re: Credit Card Judgement
Forced sales are uncommon, but they are legally possible in a creditor's collection efforts, depending on the amount of the judgment against you. You should retain legal assistance ASAP to help you fight against this possibility with the credit card company at issue.
Re: Credit Card Judgement
If there is enough equity in the property, any judgment creditor could theoretically force the sale of your home. However, this rarely happens.
In order to force the sale of a judgment debtor's resident, the judge creditor would need a court order. The creditor must show that there is a likelihood that the sale property would generate proceeds sufficient to pay all all senior liens, give the homestead exemption to the owner and have money left over to pay toward the judgment.
In California, the homestead exemption can range from $50,000 to $150,000.