Legal Question in Civil Litigation in California

Homestead & Judgment

Are there any provisions that prevent the forced sale (by a judgment creditor) of a home (fully paid) that was a declared homestead more than 30 years ago? Home value may exceed $200,000; exemption amount $150,000, no other liens, sole owner, older than 65.

If not, what is presumption of likelihood that the judgment creditor (a top junk debt buyer collection agency) would force the sale for a $6,000 debt rather than settle for a lesser amount when they know the home is paid off?


Asked on 1/07/06, 12:56 am

3 Answers from Attorneys
Judith Deming Deming & Associates

Re: Homestead & Judgment

I know of no provisions that would prevent execution on the house; it does not make a difference that the homestead has been there for 30 years. As far as what the chances are that a creditor would force a sale or accept a lesser amount, it depends upon the creditor. If it were me, why settle? Every penny spent enforceing the judgment by way of sale is added onto what the judgment is and will come out of the sale, so you will be paying for it. Also, judgments earn interest at 10% so you may owe more than your realize--pay the judgment.

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Answered on 1/10/06, 12:55 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Homestead & Judgment

If there is a judgment then the judgment creditor can force the sale of the property. If a complaint has been filed you should take steps to file an answer. If a default has been taken file a motion to set aside the default. If the debt is more than four years old the statutue of limitations may have run. You should act immediately in this matter. Offer the creditor 2 or 3,000 to settle the matter and give you a satisfaction of judgment. Even though paying the debt may not feel good it may be your cheapest way out.

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Answered on 1/10/06, 12:56 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Homestead & Judgment

If you want to provide us with more background facts, we may be able to assist you legally in this matter. For a free phone consultation, contact us directly today.

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Answered on 1/09/06, 11:25 pm


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