Legal Question in Credit and Debt Law in California

I have credit card debts that I can no longer pay. I have minimal assets and income mostly from Social Security along with a dwindling amount from self-employment. My question regards exemption of the mobile home I own which is in a mobile home park. I paid $5,000 for it and it is likely worth considerably less.

If the credit card company sues and I have to represent myself in a legal proceeding do I have to claim a homestead exemption via a specific form at a specific time? Thanks.


Asked on 2/20/11, 12:33 pm

2 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

You get the exemption regardless but I don't know if it applies to mobile homes. They probably would try a levy anyways.

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Answered on 2/20/11, 6:07 pm
Tony Carballo Carballo Law Offices

Exemptions are to protect property from execution of a judgment. Therefore, the creditor must first obtain a judgment against you by winning the lawsuit. The homestead does apply to the mobile home if you live there. Your homestead exemption is at least $75,000 if you are single and under 65. It is more for married couples, persons over 65 and very low income persons 55 or over. I would not worry about losing the mobile home if it is worth $5,000 or less. The cost of taking it even if the homestead exemption did not apply would be too great to make it worthwhile. If the creditor obtains a judgment it may place a lien against the mobile home. Have you considered bankruptcy to wipe out your debts forever and have peace of mind? You can certainly keep your mobile home if you file under Chapter 7. With your low income and minimal assets it should be a simple case and it can all be over in about three months after filing. The homestead exemption is automatic but you would need to claim it if the creditor tries to sell your mobile home (extremely unlikely given its value). There would be forms served on you that you would fill out and file with the court claiming your mobile home exempt as your homestead.

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Answered on 2/21/11, 6:27 am


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