California Debt Collection Blog

If the judgment creditor has levied on real property to collect a judgment, and if the real property contains a “dwelling,” the judgment creditor must timely file an Application for Order of Sale of Dwelling.  As far as what must be contained in the Application, CCP § 704.760 states as follows: “The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following: (a)         A statement whether or not the records of the county tax assessor indicate that there is a current homeowner’s exemption ...

If the judgment creditor has levied on the debtor’s real property, and if the real property is a “dwelling,” the judgment creditor must file an Application for Order of Sale of Dwelling with the court.  The Code of Civil Procedure sets forth a detailed process which must be followed precisely by the judgment creditor. CCP § 704.750(a) states as follows, in pertinent part: “Promptly after a dwelling is levied upon … the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will ...

If you want to collect your judgment by forcing the sale of the debtor’s real property, and if you have instructed the sheriff to levy on the real property, the next step is to determine whether the real property is a “dwelling.”  If the real property is a “dwelling,” the sheriff cannot sell the property unless the court enters an order authorizing the sale of the real property.  CCP § 704.740(a) states as follows, in pertinent part: “… the interest of a natural person in a dwelling may not be sold under ...