force home sale

[tleispet]

i lost in small claims court, resulting in a judgment against me, in the amount of 1,500.00, i am self employed single, not in debt but do not have a lot of money, offered payments of 15.00 per month, the other side refused. to day in court the lawyer for the other side requested a motion to force the sale of my home, i owe about 60,000.00 with a value of about 74,000.00 (guessing), the judge reset the matter for a new date 02/05/01`, to proceed, can they do this, or is there any thing i can do too stop this?, no i do not have the full amount of the judgment they are asking for i am in central indiana

[Edited by tleispet on 01-10-2001 at 06:06 PM]

 

[JETX]

Each state is different in what can and cannot be done regarding judgments and property.

Until you let us know what state you are in (see the red text at the top of the screen???), NO ONE can answer your question.

Please edit or repost with the REQUIRED information.

 

[tleispet]

follow up

very sorry i am in indiana

 

[JETX]

Interestingly, it seems that it is relatively easy to sieze property in Indiana to pay a judgment.

Indiana Code (IC 34-55-1-3) says:
Sec. 3. There are three (3) kinds of executions:
(1) Execution against the property of the judgment debtor.
(2) Execution against the person of the judgment debtor.
(3) Execution for the delivery of the possession of real or personal property, or such delivery with damages for withholding real or personal property.

Further, (IC 34-55-1-7) says:
Sec. 7. The execution must require the sheriff to do the following:
(1) If the execution is against the property of the judgment debtor, the execution must require the sheriff to satisfy the judgment out of the property of the debtor, subject to execution.
(2) If the execution is against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, the execution must require the sheriff to satisfy the judgment out of that property."

Apparently, they take civil court judgment REAL seriously in Indiana (wish they would in Texas!!).

So, in my opinion, unless you want to get your hiney in some serious hot water, I would pay the judgment (by the way, your $15 per month would barely pay the annual interest ($1500 judgment at 10% equals $150 interest, your $15.00 per month payment equals $180). At that rate, it would take a LONG time to pay the judgment. Seems that you are going to have to use some of that good credit and get a loan.