Legal Question in Credit and Debt Law in California

Judgement placed

I am in california and have a summons

for court for past debt of 2,000.00. If a

judgement is placed against me, can

they make me sell my house to repay

the debt?


Asked on 7/02/09, 10:41 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Judgement placed

In theory, if you have non-exempt equity (equity that exceeds debt on the home and your homestead), then yes, they can eventually force its sale to repay the debt. If there is no equity, then they generally cannot force its sale.

They can, however, garnish your wages, levy against bank accounts and other assets like vehicles, etc... after they obtain a court judgment. File an answer to the summons, and then try to negotiate a settlement with the creditor's attorney - its the best means of avoiding the unpleasant consequences of having a judgment entered against you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 7/03/09, 12:11 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California