The judgment lien already attached to your house. However, the homestead exemption is automatically $75,000 in California for a married couple even if there is no declared homestead (or $150,000 if one of you is over 65, or disabled, or you're over 55 and combined gross income is $20,000 or less). So, if the house has equity less than that, the judgment creditor cannot force its sale. Filing a declared homestead will protect you from future liens that are less than the sum of your loan and encumbrances and the exemption amount.

There is no standard form for a declared homestead. It is something that usually is prepared by an attorney with all the required information stated on the declaration, and then recorded with the County Recorder/Registrar. The cost depends on the county but it's the standard fee per page in your county, probably about $6 per page. As far as your wages, the judgment creditor is allowed to garnish that up to a limit of a certain amount.

I'd be happy to help you with the declared homestead.

Larry L. Doan, Esq.

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