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I have a question, My mother received a letter, California…

Hi Yes, i have...

Hi Yes, i have a question

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

My mother received a letter

Lawyer's Assistant: Has anything been filed or reported?

California it is a notice of levy - execution (money judgement)

Lawyer's Assistant: What are the charges? What's the current status of the case?

And it says - the property to be levied upon is described: levy on any and all accounts in the name of the judgment debtor its for an old credit card. we had a family emergency a few years back and we went into a financial situation and my mom was forced to stop paying for this credit card but prior to that, she had been in good paying terms

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They started taking money out of her bank accoun t so I just want to know. how far will they go? should we be worried about the house and other assets ?

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Answered in 5 minutes by:
8/9/2017
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 238
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Here are the assets which are exempt in California they are all based on dollar amounts:

http://www.courts.ca.gov/documents/ej156.pdf

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Customer reply replied 6 months ago
we received that in the mail. so those amounts are the only amount exempt? For example, the property?
Customer reply replied 6 months ago
What would they have access to? Do we need to worry about anything outside of bank accounts?

be right with you

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is there a homestead filed on the real property?

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So it is likely that she has a judgment against her that's how they are to ably to levy the bank account. Any bank account with her name on it could be subject to collection.

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California offers a homestead exemption to everyone who owns a home and lives in it. Your home need not be a single-family dwelling. If you live in a condo, motor home or on a boat that you own, you qualify for the exemption. If you are single, you have homestead protection up to $75,000 of equity. A head of household receives a $100,000 equity exemption. If you are over 65, physically disabled or have less than $15,000 annual income, your equity is protected up to $175,000.

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Hopefully the equity in your mother's home falls under one of these. If it does her home should be protected up to that amount. If you have any other questions please let me know otherwise just accept my answer and enter a rating. I would love 5 stars. Thanks!

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Customer reply replied 6 months ago
The home is under my parents. My father is disabled and received SSI but I don't know if it counts as income. Otherwise, it's only my mother's income.
Customer reply replied 6 months ago
there is still a change for them to go after partial of the property valued?
Customer reply replied 6 months ago
We tried to work out a payment plan but the attorney is requesting a lump sum, which is impossible for us at this point.

Highly unlikely that they will go after the house if they fall under the exemption amount. Payments from the social security administration are exempt from collection. This is your mother's debt not your father's correct? Regardless it might be wise to have your father open a separate account so that his money does not get accidentally collected.

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Whats the value of their home and how much equity do they have in it?

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Customer reply replied 6 months ago
that's correct. It's just my mother's debt and she's working for IHSS to care for my father so I think that's also exempt. They house is probably valued under 300k and still making payment about half of the amount.
Customer reply replied 6 months ago
We're trying to come up with a plan on how to pay off the debt but just want to reassure that they won't take our house and other necessity from under us.

Understandable.

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Customer reply replied 6 months ago
Do I need to worry about collectors showing up at my parent's house? From your experience, what's the best way to handle this, any other options besides a lump payment?

Not likely that collectors will show up. I would attempt to get on a payment plan or go get a loan for the amount owed and pay them off.

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Once the bank account runs dry maybe the attorney will allow you all to get on a payment plan.

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I believe I have answered your question if you would accept and rate my answer. 5 stars would be much appreciated. Its how I earn credit for my answer. Thanks.

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Customer reply replied 6 months ago
I see, so maybe i will contact the attorney again. I've talked to them once before and let them know of our situation. NEver heard back until we received this letter.
Customer reply replied 6 months ago
then, I shouldn't have to worry about other assets besides the bank account for now.

Does not hurt to keep trying.

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Any asset your mother has title to could be subject to collection. I don't know where she falls on the equity exemption 75k, 100k, 175k.

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More than likely they will just put a lien on the property and wait for it to be sold if anything.

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Customer reply replied 6 months ago
How common is that, the debt is only $6000-8000?
Customer reply replied 6 months ago
Lien on the property is that when we sell, they will take the money then? It will not force us to sell?

Not very... and yes

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Customer reply replied 6 months ago
Okay, thank you so much for your help Andrew. Definitely gives us a better piece of mind.

Sorry very common. Especially if they have a judgment and usually they will just wait around

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please rate me!!!! 5 stars if you would.

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?

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Customer reply replied 6 months ago
Wait, very common to.. put a lien on the property and just wait it out, right? Nothing drastic anytime soon?

Yes very common and then just wait it out.

Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 238
Experience: Attorney
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Customer reply replied 6 months ago
i see. okay thank you again. 5 stars for being so helpful!

Thank you.

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