Judgment Against Property With Bad Credit In San Diego

State:
Multi-State
County:
San Diego
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

Exemption from the Enforcement of Judgments Type of PropertyCode Automobiles, Trucks, and other motor vehicles, including proceeds traced to the sale of the vehicle. CCP § 704.010 Art and Heirlooms & Jewelry CCP § 704.040 Relocation Benefits CCP § 704.180 Health Insurance Benefits and Disability Insurance Benefits CCP § 704.13027 more rows

The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.

Here are the California System 1 property exemptions: The Homestead Exemption protects up to $600,000 in your principal residence, which could be a home, boat, condo, or even a planned development. The Motor Vehicle Exemption protects up to $3,625 of equity in your car or other vehicle.

Generally, the party seeking to sell or transfer the property will need to satisfy the judgment by paying the amount owed to the judgment creditor, or negotiate a settlement or release with the creditor.

Options Invalidate the lien. If the lien is invalid or was obtained in a manner that doesn't follow the procedural requirements under the law, an attorney may be able to strip the lien from the property. Satisfy the debt. This is the simplest way to have the lien cleared. Negotiate a lower payoff. File for bankruptcy.

Personal property such as medical equipment, work tools, and basic household items are generally exempt from seizure by a judgment creditor. Negotiating a payment plan with the creditor is often the best approach to avoid prolonged and stressful collection efforts.

Judgment creditors have the ability to create liens encumbering debtors' real property in Orange County and throughout California. Creditors should record real property liens immediately, as doing so is inexpensive and can be quite effective.

Exemption from the Enforcement of Judgments Type of PropertyCode Social Security Direct Deposit Accounts (the account itself) CCP § 704.080 Wages CCP § 704.070 Public Assistance (Welfare) CCP § 704.170 W&I § 17409 Charity; Fraternal Benefit Funds CCP § 704.17027 more rows

The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.

More info

In California, if you're the person owed money (the creditor), you can place a judgment lien on the debtor's real estate or personal property. The court will not collect the judgment for you.The key to enforcing a judgment is knowing where the judgment debtor's assets are located. You can put a lien on that property so that if they ever sell or refinance the property you might get paid. To do this, you first need an Abstract of Judgment. To do this, fill out a JL-1. These filers are also called pro se filers. To release your judgment lien, the creditor will have to submit the release to the same authorities who effected the lien placement. Whether the creditor goes after your home depends on whether you have equity beyond the homestead exemption guaranteed under law. There are two main ways of creating a lien; through an agreement and the law.

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Judgment Against Property With Bad Credit In San Diego