Legal Question in Civil Litigation in California

Re: Will Judgement Jeopardize My House?

Thank you for your inquiry.

As you might expect, it is difficult to give you a solid answer without additional facts. You mentioned that you are being sued in Missouri, but asked for an answer according to California law, so I must assume you have a home in California. California Civil Code section 704.730, as of 1/1/2003, allows you to protect equity up to certain amounts, which I originally cited, but the website tells me my answer is too long. That code section does contain the amounts, and you can look it up or email me to calculate your protectable equity.

In order to force sale of your home, the creditor also has to either make sure there are no loans or other debts on the property. If there is a mortgage, another important factor you did not mention, then the option to the judgment creditor is to buy out the first (and second if there is one) loan entirely, and then foreclose to take the property for a judicial lien. To get to a judgment, the plaintiff must prevail in the St. Louis court, and then apply for a sister state judgment in California, record an abstract with the recorder's office in whatever county you live, and then put a lien on the property.

I hope this answer helped, but if you have additional questions, want more information, or feel you need representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can, and best of luck to you.

Re: Will Judgement Jeopardize My House?

You should retain a lawyer and try to protect yourself. Statute may have run...you may have some defenses...if his case has some merit try to settle it.