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No. Court is a must

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โˆ™ 2005-09-05 22:50:30
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Q: Can a credit card company or collection agency put a lien on your home before first taking you to court or can they get a judgment against you with out you knowing about it first?
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Related Questions

If your mobile home is voluntarily repossessed can the finance company impose a judgment against your land even if the land is not a part of the finance package?

If they choose to file a lawsuit for monies owed and the suit is won, it might be possible for the plaintiff to execute the judgment as a lien against the property. State statutes regulate when liens can be placed upon real property. Without knowing the state of residency it is not possible to be more specific.


What happens when judgment is file against you from an apartment complex and you are still living in the apartment?

It means that the court has awarded them some kind of judgment against you, usually a monetary amount. Your place of residence is immaterial. As long as you are paying your rent and abiding by the conditions of your lease it seems you would be okay. BUT, not knowing all the particulars of your problem it is possible they may take action to evict you.


Can they get judgment without you knowing if was filed?

Yes, it happens all of the time, it is called a default judgment. If this has happened to you, call the clerk of the court in your area and ask the procedures and SOL for filing a motion to vacate the judgment due to an error in service.


How long is a judgment lien valid against a home in New York?

Without knowing the facts in your case I will post a Statute from New York dealing with a Levy on Real Property. Insofar as I can tell, and without knowing your situation here is a New York statute that may answer your question:§ 5235. Levy upon real property. After the expiration of ten yearsafter the filing of the judgment-roll, the sheriff shall levy upon anyinterest of the judgment debtor in real property, pursuant to anexecution other than one issued upon a judgment for any part of amortgage debt upon the property, by filing with the clerk of the countyin which the property is located a notice of levy describing thejudgment, the execution and the property. The clerk shall record andindex the notice against the name of the judgment debtor, or against theproperty, in the same books, and in the same manner as a notice of thependency of an action.Here is a link to this Statute: http://caselaw.lp.findlaw.com/nycodes/SLCVP0A52.htmlI need more facts. If you supply them perhaps I can be more definitive. Just send me an e-mail at lawinfo31@yahoo.com.


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If a credit card company has a judgment against you can they force you to sell your home?

The forced sale of a homestead to pay unsecured creditors is in some cases possible. However it is very seldom done. In the majority of situations the homestead exemption will protect the property. Other factors negating a forced sale depend on how the property is titled and state statutes. Not knowing your state of residency I regret I cannot be more specific.


How long can a debt collector collect a debt from a judgment?

A writ of judgment is a court order giving the winning plaintiff the right to collect money owed according to state laws. Judgments can be used to obtain wage garnishment, bank account levy, liqudation of nonexempt property that belongs to the debtor or liens against real property. Most judgment liens can be (are) renewed until they are paid, which means they can stay on a credit report an indefinite period of time. Without knowing what type of judgment or state in which it was awarded it is not possible to say if there is a time frame in which it needs be executed.


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Does a creditor have to take you to court before they garnish your wages or can they get a judgment against you without you knowing it?

A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written notice to a last known address. Thus, it is possible to have a default judgment granted against you without your knowledge.


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There are no records kept of someone who was the first white to be against slavery. There is no way of knowing.


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a Tax lien was issued against a busniss not knowing the tax was collectable.


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No.


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