Legal Question in Credit and Debt Law in California

Real Estate Levy on Nuisance Neighbor
Wish to levy real estate having dwelling owned/occupied by single woman nuisance neighbor (from whence judgment stems) to satisfy judgment and end costs to us of her behavior. Have filed Abstract on house and researched Recorder's records and believe there would be adequate proceeds to pay us after satisfying 1st mortgage, HELOC, and possible valid judgment against previous owner (now roommate), but uncertain of discount rate expected at such sales given our neighborhood's market is extremely strong. Debtor has repeatedly evaded sheriff's service of examination, went on disability to avoid wage garnishment (which I've complained to dept. of insurance about), don't believe she has other assets. Debtor is willing to self-mutilate in her defense and extremely unlikely to accept legal advice. Understand I present Writ & Levy Instructions to Sheriff requiring title research, assessor research and $1000 deposit; but ask court for Order of Sale within 20 days of service of Notice of Levy? Is this where the former legal secretary suddenly finds herself needing document drafting and complex presentation to judge instead of filling out forms? And how much lawyering, for what tasks?

Asked on 10/30/07, 6:35 pm

Joel Selik www.SelikLaw.com

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Re: Real Estate Levy on Nuisance Neighbor

sale of a dwelling can be touchy. There are a number of steps to take. Check the stats specific for dwellings.

Joel

Answered on 10/30/07, 7:14 pm

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