Avoiding judgment liens
Posted: Sat Jun 11, 2005 2:04 pm
Find out who the agent for service of process is for each entity in
the chain of title to the judgment. Go to the Secretary of State
Web Page to find out. Send a demand letter to each Agent for
Service of Process, as well as law firm who got the judgment and
recorded the Abstract. Give them 72 hours to remove abstract. I
would prepare a motion to avoid the lien to the extent it impairs
homestead exemption, and give notice under 9013-1(7) oppotunity to
be heard (speak or die rule). Ask for sanctions against each of the
entities, and attach letters sent to Agent for Service of Process.
Make sure you serve all of the above with noticed motion. If no
response, the Rule kicks in, you lodge and serve the order, and
include a declaration in support of sanctions. That can all be done
within 30 days.
> I did a chapter 7 for clients in 1999. I need to do a 522
motion
> to avoid several judgment liens that exist on the property. I
> understand that I need to reopen the case to file the motion and I
> see the local form F9013-1.5. One problem and one question.
>
> 1. Question: Is the value of the real estate the value at the
time
> of the petition in 1999 or now?
>
> 2. Problem: Debtors neglected to tell me about the judgment
liens,
> so the judgment creditors are not listed on the schedules. Do I
need
> to amend the schedules to add them? Also, the property was
upside
> from consensual liens, so the 703 exemptions were used. There was
> no equity to claim an exeption on in the house, so no exemption
> claimed under Schedule C. Can I now avoid liens on the house when
> there was no exemption listed?
>
> Thanks,
>
> Vernon L. Ellicott, Esq.
> Certified Family Law Specialist
> California State Bar Board of Legal Specialization
> Law Offices of Vernon L. Ellicott
> 920 Hampshire Road, Suite 25
> Westlake Village, CA 91361
> (805) 446-6262 phone
> (805) 446-6264 fax
The post was migrated from Yahoo.