Legal Question in Credit and Debt Law in California

My wife and I have recent become disabled, lost our home and on assistance. I have worked full time for over 35 years. We were able to sell our home and have enough to buy a mobile home in Calif. outright. I am being pursued by a collection attorneys office (debt LLC) for a unsecured credit card debt, approx 9K. I am trying to negotiate a settlement with payments but their have filed a small claims and I have 3 weeks to respond to the court for they say they will get a judgement. Question: our major asset is our mobile home, valued at 65K, we live in a MH park, we do not own the land, we lease. Will filing a homestead protect us. I understand it is automatic protection in CA if primary residence, which it is. My intentions are to pay my debt but I understand that some debt LLC can be merciless. Thank you for your advice.


Asked on 10/25/10, 11:08 pm

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

In answer to your question: yes, the CA homestead is automatic. In regard to debt collectors: yes, they can be merciless. That's the nature of the beast that compels

millions of Americans to utilize federal bankruptcy law in order to rightfully protect what little they have.

This is not legal advice to the reader.

if you're being hounded by collectors, please

consult with an attorney.

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Answered on 10/31/10, 7:50 am


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