Legal Question in Credit and Debt Law in California

Re: being sued by attorney for default of credit card

There are alot of factors that would be considered before your home can be sold as you describe. However, you are very wise to address the issue and possibilities beforehand. You should also seek the protection of the homestead act to protect your home's equity if the creditor debt owed is significant enough to possibly mandate a forced sale of your home. For prompt, affordable legal assistance in this timely matter, contact us directly today for a free phone consultation.

Re: being sued by attorney for default of credit card

The court can only award a judgment and it is up to the judgment creditor to enforce or collect the judgment.

Selling a debtor's home can be very difficult and expensive. The judgment creditor is usually be better off by filing a lien on your home and waiting for you to sell or refinance.

To force the sale of your home, the judgment creditor would first have to initiate a levy with the sheriff's department at a cost fo at least $1000. After that, the creditor would then need to go court and get an order authorizing the sale. The creditor must prove that the sale proceeds would be sufficient to cover all superior liens, pay the debtor the homestead exemption and have money left over to credit toward the judgment.

IF you have mortgage on the property, a judgment creditor is a lot less likely to take this aggressive step.

You shoud consult with a local attorney to see if you should file a homestead declaration or to see if bankruptcy might help you.