Legal Question in Credit and Debt Law in California
I am listed as one of several guarantors on a business line of credit that has been called in and we are unable to pay off after making interest only payments for well over 10 years. What am I personally liable for? What can the crediitor collect or take from me? My house? Retirement plan savings with another employer? Automobiles or pay garnishments?
2 Answers from Attorneys
You are personally liable for all of the debt. The bank can obtain a judgment and garnish your wages and potentially attach your bank accounts. Your house is safe from a lien unless you used the equity in the house as collateral. Your retirement savings are safe as well, until you begin drawing from them, then the cash payments are subject to taking.
Depending on the amount owed and your current financial situation, you may want to consult with a bankruptcy attorney to see if you can eliminate the debt and keep your possessions.
Please feel free to call me at (925) 362-1725.
I generally agree with Mr. Jordan, but I can't imagine why he says your house is safe from a lien. Once I obtain a judgment, the first thing I do is record an abstract of judgment which puts an instant lien on any real property the defendant owns. Whether a judgment creditor can execute on the lien and have the property sold by the sheriff for the debt depends on how much equity is in it, but that the creditor would get a judgment lien that would have to be paid off if the property was sold, is virtually certain.
It is possible that I could give you a more complete answer and/or refer you to local resources if I knew where you are located. However, LawGuru for some unknown reason decided to stop asking questioners for their zip code. That makes it impossible for us attorneys answering questions to provide a location specific answer. In many cases what county or even city you are in is crucial to the help we can provide, especially if you are asking a Family Law, Real Estate, or Landlord/Tenant question. If you appreciate my providing you this free answer, please take a moment to contact LawGuru Support and complain about this. Thanks.
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How often can a judgement creditor levy my bank accounts?. Asked 3/05/13, 5:33 pm in United States California Credit, Debt and Collections Law