Los Angeles Debt Collection

A personal property lien is used to assert your claim in property (other than real estate) owned by the debtor.
In theory, if the property is transferred to someone else (while a lien is in effect), the judgment lien continues even though the property is sold, exchanged, or disposed of. During the time period that the lien is effective, you can have the sheriff take the personal property and sell it at public auction to pay the debt. Personal property liens can be created in two ways. The lien can be created by filing a Notice of Judgment Lien (JL-1) This form can be found on the Secretary of State website. The second way is by serving the debtor with a notice of a debtor’s examination.

A judgment debtor may not claim the Code of Civil Procedure (CCP) Section 706.051 exemption for earnings necessary to support the judgment debtor or the debtor’s family if the debt was incurred for the common necessaries of life for the judgment debtor or his or her family.

Courts strictly construe “common necessaries of life” to mean only essentials all persons commonly required to sustain life, regardless of the person’s employment or status. An car is not a common necessary of life.

An attorney fee awarded to the wife’s attorneys for securing spousal support is a necessary of life and is not exempt.

Hospital services furnished to the debtor or debtor’s family are common necessaries of life.

A Defendant can challenge improper venue by moving to transfer venue to another court before or concurrently with its response to the complaint. CCP Section 396b(a) It should be noted that raising the issue as an affirmative defense in your answer is inadequate.

Failure to challenge in a timely manner waives any objection to the Plaintiff’s improper venue selection. Improper venue is not a jurisdictional defect and does not present grounds for collaterally attacking a judgment.