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Appeals/Post-Trial Matters Business Law Estate Planning Legal Topics Litigation Strategy New Legal Developments

Dead Man Balking: Writ of Execution Doesn’t Work After Debtor’s Death

thinkstockphotos-501575596Updated 5/22/18: In County Line Holdings, LLC v McClanahan (May 2, 2018, B2778790) 2018 Cal App Lexis 392, the court held that a creditor could enforce a previously recorded judgment lien on a deceased debtor’s property more than 1 year after the debtor’s death.

So you have a money judgment, but the debtor dies before you can collect. Never mind. You still have a judgment lien on the debtor’s estate. Right?

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Civil Litigation Employment Law Legal Topics

How to Garnish Wages in California

thinkstockphotos-496583342You’re dealing with a debtor who won’t pay up and you decide to garnish his or her wages. It’s a very technical process, but these seven steps break it down.

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Bankruptcy Law Estate Planning Legal Topics

Home Sweet Homestead

Updated 3/14/16: On remand, the bankruptcy court ordered the property turned over to the trustee. The bankruptcy court denied the homestead exemption on an alternative basis, and the bankruptcy appellate panel affirmed in Elliott v Weil (In re Elliott) (BAP 9th Cir 2016) 544 BR 421.

Suppose a debtor denies owning a home and then gives a false address so creditors don’t find out about the home. Can the debtor still claim the homestead exemption in bankruptcy?

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Checklists Civil Litigation Legal Topics New Lawyers

What to Check Before You Collect

checklist_166429067A debt collection case comes your way, but should you take it?

Categories
Checklists Civil Litigation Legal Topics

What Is a Debtor to Do When Judgment Day Comes?

debt_146748615After a money judgment has been entered against him or her, what can a debtor (or debtor’s attorney) do?