How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9970
Experience:  Just Answer consultant at Self employed
63726236
Type Your Real Estate Law Question Here...
legalgems is online now
A new question is answered every 9 seconds

My ex owes me money fom a sm claims court settlement, we our

Customer Question

my ex owes me money fom a sm claims court settlement, we our closing escrow soon, can I make him pay me then
JA: Since laws vary from place to place, what state is this in?
Customer: ca
JA: Has any paperwork been filed?
Customer: like what
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 3 months ago.

Yes record the settlement in the county deed records.It would cloud title and he has to pay you before the sale closes.You need to do this asap in the county deed records.This is your means to lien his properties here with the settlement judgment.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 3 months ago.
ok
Customer: replied 3 months ago.
typing is fine no calls please
Expert:  legalgems replied 3 months ago.

Hi; I see you requested a new professional.

In order to obtain escrow funds, the judgment would need to be filed in the county where the real estate is located; this will create a cloud on the title and the proeprty cannot close until the amount is paid off.

Here is the abstract:

http://www.courts.ca.gov/documents/ej001.pdf

directions here:

http://saclaw.org/wp-content/uploads/sbs-abstract-of-judgment.pdf

General information on various ways to collect on judgments:

http://www.occourts.org/self-help/smallclaims/collectingthejudgment.html

I hope I have been helpful!

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html

Customer: replied 3 months ago.
Well I went down today an did what you said to do an i got it recorded with the county an turned all those copys in to escrow but now I have to wait for an answer from them to see if I made it on time for the closing of escrow because its this Friday. Ill let u know if it worked out or not
Expert:  legalgems replied 3 months ago.

Thank you - I certainly hope it was submitted in time and you receive your money!

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 3 months ago.
Hello you gave me some avice on what to do with a small claims judgement against my ex husband an said to have it recorded at the deed office. Well I did and now the title comp. Is saying it goes in the lien against the house so what that does is make it so where as its thrown in there with all the other judgments and we split the prosseeds. So now I only get $5000 cause he has to pay half an I have to pay half.
Expert:  legalgems replied 3 months ago.

Yes normally the judgment debtor will instruct title company to deduct the lien from their portion of the equity so that a satisfaction of judgment can be recorded which extinguishes the judgment.
The question went to obtaining escrow funds and how to record a lien thus I included the forms for that.

Customer: replied 3 months ago.
Well I said it was a judgement for me against my ex husband. If I would have known I would only get half my money I wouldn't have done it. So thanks I just lost $5000.00
Expert:  legalgems replied 3 months ago.

The question that came through was asking how to obtain funds from an escrow when there is a civil judgment. The forms provided that along with instructions.

The prior professional explained how it would cloud title requiring the judgment to be satisfied in order for escrow to close.

Related Real Estate Law Questions