Legal Question in Civil Litigation in California

Responding to Judgment Creditor Ex Parte Application of...

Responding to Judgment Creditor Ex Parte Application of Judgment Creditor Issuance of Order to Show Cause why sale of dwelling should not be made.

Do I(Debtor) have to include a Declaration, or can I simply file a Response?

Court date has been set for me to show, but I want to file a Response before I go to Court, so I won't be relying on my mouth only....

Asked on 5/28/08, 5:40 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II
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Re: Responding to Judgment Creditor Ex Parte Application of...

From what you described, it would appear that a creditor sued you and got a judgment against you. It sounds like the creditor believes there is sufficient equity in your home to justify a court order selling it to collect on the judgment. It is VERY important that you file declarations to show the court that there is not sufficient equity to justify an order to sell the property. You should consider getting an appraisal and submitting it to the court as well. But you really need to retain an attorney to help you with this.

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Answered on 5/28/08, 8:30 pm

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