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cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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Can a creditor like a recourse second mortgage in California

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Can a creditor like a recourse second mortgage in California get a jugement against me, without my knoweledge beforehand...after foreclosure?
A creditor can only get a judgment by going to court. When the creditor goes to court, he is supposed to serve the debtor with notice of the court proceeding. But if the creditor cannot locate the debtor, the debtor might not know about the proceeding, and the creditor can get a judgment anyway. This is called a "default judgment".
So, yes, a creditor can get a judgment after foreclosure without your knowledge.

Edited by Christina Fortunato, Esq. on 5/7/2010 at 5:56 AM EST
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
Is there a way too check if there is any legal proceedings pending against you?(current or recurring) Just to check against this type of thing happening?
Thank you for accepting my answer!
To check for court proceedings, you can to the court in the area where the property is located.
If there already is a judgment in place, this should show up on your credit report. In most states you are entitled to get free copy of one's credit report every year, by going to

Customer: replied 7 years ago.

Is it likely the jugement would show up on your credit report, before someone is able to levy your bank account or garnish you wages?

After getting a judgment the creditor must first locate your job and/or bank account. After they do this, they then have to go back to the court and apply for a "writ of garnishment or execution", which has to then be sent to your job or bank. (By the way, the job has to give you one month notice before garnishing your wages, but the bank does not give any notice.)
The judgment usually takes one to two weeks to show up on the credit report.
So, there is likely that the judgment will show up on your credit report before you are garnished.

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