Legal Question in Credit and Debt Law in California

how can I remove a judgment of a lien in my name? A debt company took my money, then sold my account to a law firm who then submitted a lien to the LA County in my name. Even if I can't pay it off right away, can I file back a cease and decist letter myself? I have told the law firm, I lost my job in 2009 and then in 2011, and I am single parent. I also just went through legal matters for more child support. Can these debt law firms be told by the state to 'knock it off' to those with certain circumstances?

Thank you in advance.


Asked on 8/20/12, 1:10 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

If there is a judgment against you, a court has already ruled that you owe the money. Judgment creditors have a great of discretion to go about collecting judgments.

Your choices to remove the judgment lien are: (1) pay the judgment in full; (2) negotiate a settlement agreement that includes release of the lease; and (3) file for bankruptcy.

If you file for bankruptcy, you'll need to file a motion under Section 522(f) of the Bankruptcy Code to remove the lien.

Most importantly, contact a local bankruptcy attorney for more advice.

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Answered on 8/21/12, 7:40 am


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