can the creditor force a sale of my home in a civil judgement against me?

Question

can the creditor force a sale of my home in a civil judgement against me?

Answer

Conceivably, but it usually doesn't come to that if it's a relatively small amount of money you owe to the creditor. In addition, many people these days have no equity in their homes, so a sale would be pointless. The creditor might simply record the judgment at the county recorder's office and, if in the future your home builds some equity and you try to refinance or sell, the creditor might wait in line to be paid from the refinancing or sale proceeds.

Then, again, if this is one of many creditors to whom you owe money, you might consider other options, including filing for bankruptcy protection.

Answer

It is possible, however, before a sale can occur, the creditor must apply to the court for an order allowing the sale, must overcome whatever homestead exemption exists, must pay all encumbrances and must pay the sheriff it's fees for a levy and the costs of sale. If, after paying all of the foregoing any proceeds remain, they can be applied to the judgment. The process is very, very time consuming and expensive, and usually only occurs if you have a great deal of equity in the property.