Legal Question in Credit and Debt Law in California
Help for Creditors
I hope you can help me with the following.
1. Which of the following are exempt from a writ of execution? a person's home, all of a person's personal property, the assets of a person who has declared bankruptcy, or both a person's home and the assets of a person who has declared bankruptcy?
2. Does a homestead exemption protect a house from being taken by an unsecured creditor, a secured creditor, or both an unsecured and secured creditor?
3. If one signs as a surety in a contract with a friend, is there anything other than full payment that will discharge the surety's obligations, such as
the statute of limitations?
Thanks so much for your kind assistance in this.
Regards
2 Answers from Attorneys
Re: Help for Creditors
1. They are all exempt to some extent. 2. an unsecured creditor. 3. statute of limitations is 4 years
Re: Help for Creditors
Rather than try to itemize the property exempt from execution of judgment, let me refer you to California Civil Code sections 703, 704 et seq.