Legal Question in Civil Litigation in California

I won 3 judgements in small court totalling 11,000.00 against the same person. I immediately put a lien on her home. She has since filled for chapter 13 to stop the foreclosure and sale of her home and her attorney has filed a motion to dismiss my claim even though I am a secured creditor. I never received notification of the motion therefore I could not respond. However, I did receive the notice stating because I did not respond to the motion in time, the judge may rule in her favor and dismiss my claim. The reason her attorney states my claim can be dismissed is because her house is homestead. I have a form she filled out in small claims court to disclose here assets and she entered N/A where it asked if the house was homstead. We are scheduled to go back to court in a few days. Can I present this copy to the judge and state she lied to the court and reinstate my claim?


Asked on 8/11/09, 5:56 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Do you mean go back to the state court? If that's what you have in mind, the answer is no. The bankruptcy filing automatically stays all proceedings in the state court.

If you mean the bankruptcy court, then you should re-post your question under bankruptcy law. The bankruptcy courts operate under their own set of rules, and most litigators are not familiar with those rules.

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Answered on 8/11/09, 7:00 pm


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