• Home
  • Bankruptcy in Brief
  • ABC’s of Bankruptcy
  • Considering Bankruptcy
  • True Stories
  • Chapter 13
  • Blog
  • About
  • TOC

Northern California Bankruptcy Lawyer

On The Bankruptcy Soapbox

The Soap Box
  • How bankruptcy works
  • Mortgage Matters
  • Consumer Rights
  • You & Your Lawyer
  • Small Business
  • Family Law

Collection Law Suits in California

By Cathy Moran

lawsuit

A prospective bankruptcy client often arrives in my office they’ve been sued for debt and they are panicked about the consequences.

Almost invariably, the client has leapt to two incorrect assumptions:

  1.  the world as they know it is coming to an end; and
  2.  they don’t have to do anything until the date set for the case management conference, months down the road.

Wrong on both counts.

Judgments take time

Nothing adverse is going to happen immediately.

The filing of a lawsuit is a step toward a legal judgment in favor of the creditor. A judgment is a determination that the debtor owes the amount of the debt and usually the creditor’s expenses to get the judgment.

A judgment entitles the judgment creditor to enlist the coercive power of the state to collect that judgment by levy, lien or garnishment.

All about California judgments

Judgment liens

A judgment in California does not automatically constitute a lien on the debtor’s assets, as it does in some states.

In California, a creditor with a judgment must take an additional step to create a judgment lien.

A judgment lien on real estate is created when an abstract of judgment, issued by the court after entry of judgment, is recorded in the records of the county recorder.

A judgment lien on personal property is created by filing a notice of judgment with the Secretary of State.

A judgment lien allows a creditor to execute on that lien through the courts. In that process, even outside of bankruptcy, the judgment debtor may claim an exemption in certain kinds of property.

Understanding exemptions.

In short, getting a judgment is just a step toward actually taking something from the judgment debtor. All these steps take time and cost the creditor something.

Time to consider your options

The filing of a lawsuit may be a good indicator that you need to do something proactive about your financial situation but it is not an emergency.

About that second assumption, that you don’t need to act before the court date, you must read this.

More

California judgments are dischargeable in bankruptcy

Avoiding liens in bankruptcy

Do you need to file bankruptcy

What’s the difference between a good bankruptcy lawyer and a great one?

More from the Soapbox

  • Rant on realtors claiming to be a professionRant on realtors claiming to be a profession
  • Can You Afford The Cost of Retiring Here In California?Can You Afford The Cost of Retiring Here In California?
  • Lost Homes, Cut Off Creditors & Whack A MoleLost Homes, Cut Off Creditors & Whack A Mole
  • Foreclosure the day after tomorrowForeclosure the day after tomorrow
  • Keep Your Tax Refund Despite Filing BankruptcyKeep Your Tax Refund Despite Filing Bankruptcy

Filed Under: Debt Collection Rights, Strictly California Tagged With: sued for debt

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Trackbacks

  1. Fake Cops Collect Fake Debts says:
    April 15, 2012 at 10:38 pm

    […] between individuals and business entities are civil matters.  An unpaid debt can be enforced through the civil courts, where the lender sues the borrower. The government is not a party to the suit;  government merely […]

Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

More Posts from this Category

643 Bair Island Road
Suite 403
Redwood City, CA 94063
Phone: (650) 694-4700
Phone: (650) 368-4700

Categories

All content copyright © Moran Law Group. All rights reserved.