Can a judgement creditor force the sale of a debtor’s home?
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Can a judgement creditor force the sale of a debtor’s home?
My mom and dad owe about $3000 in debt for windows. Can the sheriff sheriff sale their home for this? I think they may have had a judgement hearing. Parents aren’t saying that. Just that they had to go to a JPs office and were told to pay $300 a monthtowards window debt. I’m assuming this was a judgement hearing. They made one payment. in June. Nothing since. Then Friday a sheriff contacted them by phone saying he was going to list their personal belongings for sale and when would be a good time to come out. They own their home, no mortgage. Can he sell their home or just put a lein on it? Can I stop this? I have the money to take care of it.
Asked on August 15, 2010 under Bankruptcy Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The kindness that is apparent in your question is refreshing. I would have to agree with you that there has been a judgement entered against your parents. One way of collecting on a judgement is to have the Sheriff "levy" on personal assets. That is what he intends on doing. Selling off enough to pay off the debt. I would contact the Judgement Creditor (the guys that did the windows) and see if there is any way that you can settle the debt up front now. They may take less money to get it now. If they say yes then have them call off the Sheriff (or you will have to go to court to stop him) and make sure that you get a satisfaction of judgement to file in the county clerk's office. It is doubtful that they will start foreclosure proceedings for a $3000 debt but I guess stranger things have happened. Then you and your parents can decide how to handle the repayment to you if that is what you want. Good luck.
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