Legal Question in Civil Litigation in California

Re: Homestead & Judgment

I know of no provisions that would prevent execution on the house; it does not make a difference that the homestead has been there for 30 years. As far as what the chances are that a creditor would force a sale or accept a lesser amount, it depends upon the creditor. If it were me, why settle? Every penny spent enforceing the judgment by way of sale is added onto what the judgment is and will come out of the sale, so you will be paying for it. Also, judgments earn interest at 10% so you may owe more than your realize--pay the judgment.

Re: Homestead & Judgment

If there is a judgment then the judgment creditor can force the sale of the property. If a complaint has been filed you should take steps to file an answer. If a default has been taken file a motion to set aside the default. If the debt is more than four years old the statutue of limitations may have run. You should act immediately in this matter. Offer the creditor 2 or 3,000 to settle the matter and give you a satisfaction of judgment. Even though paying the debt may not feel good it may be your cheapest way out.

Re: Homestead & Judgment

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