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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I have a notice of right to have exemptions designated form

Customer Question

I have a notice of right to have exemptions designated form to fill out
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I owe a woman 13,000 dollars . she has a judgment on me. I OWN A HOUSE THAT I OWE 137,000 AND IT IS WORTH FROM 250,000 TO 280, 000 CAN THEY MAKE ME SELL IT?
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help. Is there anything else the Lawyer should be aware of?
Customer: I WENT TO TALK TO HER LAST NIGHT AND WAS PUMCHED AND A GUN WAS PULLED ON ME, AND I HAD A LONG TALK WITH HER ABOUT A MONTH AND SHE AGREED TO GIVE ME TIME TO SELL THE HOUSE AND THEN PAY HER BACK, THEN I GET THIS FORM
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Legal
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,While it is possible for a judgment creditor to get an "order of sale" for real property when they have a judgment lien against that real property, the actual process is pretty difficult (it isn't done very often and courts aren't likely to grant it in practice).This is particularly true if you have another lien against the property (such as a mortgage loan).What happens with most judgement liens is that they simply sit against the property and when the property is refinanced or sold, the judgment is paid off.If you are trying to pay off a judgment that is a fraction of your home's value you can look into financing that loan with a reputable lender (such as a bank or credit union), and doing away with this matter for good - so you no longer have to deal with this individual, once the judgment is paid and a satisfaction of judgment is entered you will no longer have to deal with them, and you can make monthly payments to your lender.Furthermore, if a gun was pulled on you, you have other issues/concerns outside of your debt collection issue. If you believe that there is a credible threat of imminent harm to you (having a firearm pointed at you is a pretty good indication), you can file a petition with the court for a civil restraining order. (This is a separate proceeding from the debt that you are currently dealing with and dealt with entirely on its own merits). You can get forms for a civil restraining order from your local court self help desk, your district attorney's office, your local law library, and in most states you can find them online from sources such as your state courts, your state attorney general, and women's rights groups.
Customer: replied 7 months ago.
Hi, I delivered in person the right to have exemptions designated to the clerk of courts office and to the creditors attorneys office on 5/2/2016 witch was the last day of the dead line. Then on the 3rd the creditors attorney called me telling me that it had to be time and date stamped witch would put it over the 20 day time period. I have read the right to have exemptions designated forms numerous times and it does not say that it has to be date and time stamped, it says that it can be hand delivered. Am I right in hand delivering it to the creditors attorney.
Expert:  CalAttorney2 replied 7 months ago.
As long as it was filed and served on time, you are okay.The attorney is adding an additional requirement - that you have to serve the file stamped copy (that isn't required).Send the attorney a copy of the file stamped copy showing that the document was filed on time. (There may be a simple misunderstanding that you did not file with the court on time, and that you simply served his office).

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