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A lien against bank owned property would not be effective unless the lien was against the bank. If you have a lien against the former owner your opportunity to try to enforce it has passed.
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∙ 15y ago
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Should i pay creditors that have filed against my father's estate from his bank accounts because their is no property?
Bank accounts are considered to be personal property and personal property is an asset of the estate. Creditors that file a claim against the estate are entitled to be paid from the assets of the decedent before any assets can be distributed to the heirs. They must be paid from any funds in a bank account owned by the decedent.
Can HOA file a lien against a bank which holds the mortgage on an abandoned property if the Covenants say that the Assoc can file a lien against a homeowner if assessments are not paid in time?
In this case, apparently, the bank is the owner. So yes, the HOA can file the lien against the bank's ownership of this unit.
Can a lien be filed against property once owned and now sold to another party?
Once the owner has sold the property it's too late for you to file any lien against that property.
Can a credit card company that filed a debt as a charge-off still file a judgment against the debtor?
Yes, the creditor or more likely a collector who buys the account can file a lawsuit against the debtor. If the plaintiff (collector) wins the suit, they will be awarded a writ of judgment. A judgment can be used to garnish wages, levy bank accounts, place liens against real property or liquidate nonexempt property owned by the debtor.
Can a lien be placed on your property in one state if you move to another?
Yes. The judgment creditor can also file an Abstract of Judgment against property owned by the debtor in another state if the action is warranted.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
After a person dies who was in a nursing home what rights does facility have to get any money owed?
They can file a claim against the estate. They can also file against any other signers of the contract if there are any. A lien could be placed on any property owned by the individual.
Do you file to become administor of an estate in the state you live in or where the person died?
You file where the decedent died and owned property.
Can an ex-boyfriend place a lien against your property for throwing away his belongings?
The boyfriend would have to file a lawsuit and be awarded a judgment before he could take seize or attach property belonging to the accused person/defendant. Judgments can be used to place liens against real property (houses, vehicles, land, businesses, etc.) owned by the losing defendant. Judgments can also be used to garnish wages or levy bank accounts or seize any non exempt property belonging to the defendant.
How do you freeze someone's bank accounts?
The person seeking the recovery of money owed must file a lawsuit in the proper court of venue. If they win they will be awarded a writ of judgment which in most states can be used to garnish the debtor/defendant's bank account. Be advised that in many states a judgment cannot be enforced against marital and/or joint accounts. If the winning plaintiff tries to execute the judgment against any exempt property owned only by the debtor or jointly owned he/she may end up on the "wrong side" of a lawsuit.
Can a lien be placed on real property that is owned with spouse that is not involved in civil dispute?
yes but if you both file a homestead on the property it protects you property fron leins and such
If you are self-employed with 50000 in credit card debt what can they do if you don't pay them and you don't want to file bankruptcy?
The creditor(s)can file a lawsuit against the debtor and if they win a judgment they can execute it against any nonexempt property owned by the debtor. The preferred method is wage garnishment, followed by bank account levy (even joint accounts can be garnished). Other options to the creditor are the seizure and sale of property that is not considered exempt under state law, including jointly owned property and liens against real property (also if jointly owned)such as a home, vehicle, boat, etc. In the majority of states a forced sale of any real property is possible, including a home if it is not covered by the allowed homestead exemption. Creditor judgments are valid for 10 to 20 years and are usually renewable. A judgment creditor can hold the execution of the judgment until the debtor obtains property that can be seized or can execute the judgment within ten days after it has been awarded.
