Legal Question in Credit and Debt Law in California

Judgement Lien

If a california collection agency gets a judgement lien on real property I own in Utah can I be forced to sell my property so I can pay the monitary judgement? Or do I have a specific time or deadline to pay the judgement? My property in Utah is paid for in full and there isn't a mortgage or any other title holder on the property than myself.


Asked on 9/13/05, 11:37 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Judgement Lien

The holder of the judgment against you can have the sheriff sell the property at an auction. The debtor gets his money first, and you get what is left over. You should consider borrowing against the property or selling it yourself to pay the debt. There is no grace period to pay the debt. Once judgment is granted the debt is due and payable immediately.

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Answered on 9/14/05, 11:17 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Judgement Lien

You need to pose this question to an attoney in Utah. The fact that the collection agency is in California makes no difference because Utah law applies.

The laws of your state may be different, but most states do allow a judgment creditor a wide range of discretion to enforce the judgment. This might include levy and sale of real property. If it is your home, you might be able to protect some of the equity with a homestead exemption. You MIGHT be able to negotiate a payment plan, but most states allow the creditor to start collection efforts right away.

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Answered on 9/13/05, 11:42 pm


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