Legal Question in Civil Litigation in California
Sorry, I think I did not ask question very clear,
I lost a law suit and have a judgement, I put a bond in the Court, and the defendant also put a lien on my resident property with the same judgement, now my question are
1. can they force me or the Court to sell my house? if I did not pay them?
2. if Court release the bond to them, can i remove the lien?
Thank you
3 Answers from Attorneys
The judgment IS a lien when recorded against you. There is nothing you can do to stop that from being done. Unless you can successfully appeal the judgment, it becomes final, and can be used to levy on any assets or income you have, including the house. The bond refers to your appeal process. You were required to post the bond to protect the plaintiff's interests, pending the outcome of the appeal. If the court ordered a bond sufficient to pay the plaintiff's judgment, and anticipated accruing interest at 10% annual, then the court can order the lien removed from title, which would allow you to sell the house.
You are not clear on why you posted a bond. If you posted a supersedeas bond and timely appealed, enforcement of the judgment is stayed pending the appeal.
You have already lost the case by not using an attorney, and now you are unable to understand where things stand well enough to form a question that we can accurately answer except by saying "if you mean . . . ." When are you going to stop losing and hire an attorney?