Legal Question in Credit and Debt Law in California

Re: levying on a residence

First, you must have a writ of execution issued for enforcement of the judgment. Then you may have the Sheriff levy on the writ against the residence, after you have exhausted other assets of the judgment debtor. You can best determine what assets the debtor has by having the court issue an Order for Appearance of Judgment Debtor (ORAP) and examining the debtor uder oath before a court reporter. If you uncover any assets, the judge will order that the debtor not transfer, sell or encumber any asset for a period of time, sufficient for you to levy on your writ. When you have exhausted the personal property of the debtor, then you may go against the real property residence. Good luck!

Re: levying on a residence

I don't believe that you'll be to obtain title of the residence as the debtor will seek bankruptcy protection before that will happen. The first step is a creditor's exam of judgment debtor, served with post judgment interrogatories and demand for production to find liquid assets. Please call me diretly at (619) 22-3504.

Re: levying on a residence

Given your limited facts, what you most likely should consider is recording a "lien" against the debtors personal residence (and any other real or recordable personal property (i.e. airplanes, heavy equipment, etc.). This does not "force a sale" of the property, and without additional facts (i.e. are there any other secured/unsecured creditors, any other liens on the property, etc.), it is unlikely that your lien will trigger such a sale.

Assuming that you could force a sale, then you would need to show up at the sale proceedings and be the highest bidder on the property. However, keeping in mind that should you overbid on the property that you are seeking to be compensated from the sale of, you could actually lose money in the overall net process. But I digress...

Additional questions that you should consider locating the answer to before proceeding: Is the debtor a business? Does the debtor own other real property or licenced personal property? Has any other liens or UCC-1 filings been recorded on any of the aforementioned property? Does the debtor work as an employee? (So that a wage garnishment may be executed), (assuming the debtor is an individual)was the debtor married in when you obtained the judgment? (thus, subjecting his or her spouse to a wage garnishment as well). There are still many facts needed to propertly answer your inquiry.

Best of luck!