Legal Question in Credit and Debt Law in California
lien
I got a judgement against a person in 1999. As a result, a lien was placed on some property they own in California. The person has not paid anything toward the judgement, and now with interest, the amount owed is more than the value of the property. My question is this: is there a statute of limitations for liens? And if so, is there anything I can do to force the sale of the property in order to satisfy the lien? Thank you.
4 Answers from Attorneys
Re: lien
The California Court Self-Help Center offers this free advice to California judgment creditors:
http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectintro.htm
I am unable to offer conflict-free advice until I know the names of all
parties involved.
I charge $250.00 per hour to represent clients judgment collection matters.
I am not interested in this case as a contingent fee matter, as there is
no evidence available to me that any judgment want to collect will be
collectible.
Please fax your documentation to my toll-free fax number on my website,
if you want me to look into this further.
Thanks for visiting.
Re: lien
It sounds like you recorded a judgment lien called an Abstract of Judgment. The judgment is valid for 10 years, but California law allows you to file a motion for renewal for another 10 years. You must file the motion before the initial 10-year period expires.
The judgment lien is good so long as the judgment is good.
California law allows you to sell a judgment debtor's real property in order to satisfy a judgment. However, there must be enough equity in the property to pay all all senior liens and pay the debtor their homestead exemption (if it is there home). If it is the debtor's home, you will need a court order to force the sale.
Feel free to contact my office if you need further assistance with this matter.
Re: lien
10 Years. There are a number of procedures one can do to get paid. Let me know if we can help.
Joel
Re: lien
Statute of limitations is 10 years. Judgment must be renewed no later than 10 years after date of entry. The time to renew is now, because you will include all accrued interest in the renewal, and in addition, the renewed judgment will then accrue interest on top of interest.
You can force the sale of real property, but the process is time consuming and expensive. Moreover, if the property is the judgment debtor's residence, then you must jump through a variety of hoops, and one of them will be to show that there is sufficient equity to pay the judgment.
There are many other ways to force the recalcitrant deadbeat to pay, and we know them all. We are judgment enforcement specialists, and if you would like to chat further, please call or email.
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Judgement how long is a judgement good for? Asked 3/01/07, 7:52 pm in United States California Credit, Debt and Collections Law