It would apply to a specific property.
A judgment lien can typically apply to all properties you own, including real estate, vehicles, and other assets. The specific laws regarding judgment liens vary by jurisdiction, so it's important to consult with an attorney to understand how the laws in your area may apply to your situation.
It all depends on the laws and court rules of the state where the court is. But usually even a default judgment in a small claims court will count as a judgment lien, although a default judgment usually can be set aside if there were reasonable excuses for the default and if there is a meritorious defense. Some small claims courts require that a transcript of the judgment be sent to a central judgment docketing office, meaning that the judgment is not an automatic statewide lien as a judgment in a regular trial court would be.
I am not sure exactly what you are asking. I do know that a release of lien is to be signed by the person who holds the lien. If ordered by court that lien is invalid, I suggest contacting the court to find out the correct procedures. Adding to this-- You should ask the court if by winning would the judgment be "erased" from the books which would definitly be better since the judgment could show up on your credit. Erased or removed would be better than just showing released! Adding to this-- My understanding is that a lien notice is never removed from being recorded, it's just released by the holder by having another document recorded. Take your court order and record it against your property and then send that order to all three credit agencies and demand that your credit be cleared. Simply file a "Satisfaction of Judgment" in the office of the clerk of the court where the judgment was entered. (You can get the form in the clerk's office.) That will show that the judgment was paid. After you file the satisfaction, title companies will no longer report the lien as a debt. Credit bureaus will not release the judgment lien from the debtor's credit report because it is their policy to keep them on 7 years, paid or not. Also, there is no legal way to have the judgment "erased" from record (except a vacation of judgment, which does not apply here).
No, it starts the lien process. Once you receive judgment you can then place a lien on the person that owes the money's property or income. All costs should be tracked while doing so as they go against the delinquent account from this point forward!
Yes. That is what judgment liens are all about. A creditor can sue you in court and if successful obtain a lien against your real estate.
Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.
No. The property cannot be transferred, sold nor refinanced until the judgment lien is paid/settled or the judgment holder consents to the act. In California, we see people do it all the time. They file a Quit Claim, and transfer title to the property to someone else. They do not realize, however, that the lien is still on the property. So, if your mother quit claims her house to you, when YOU go to sell it, you will have to pay your mother's judgment. Or, the judgment holder may come after the property with a Quiet Title action. When they prevail with that, then they will do an action to partition the property, and it will be sold.
Because all rhombi are parallelograms.
Generally, the sheriff can sieze the property and sell it to pay the creditor the amount owed. Check your state laws. If the creditor doesn't request a sale and chooses to suspend action then the creditor need only wait. The recorded lien will affect any future sale or mortgage of the property. During the time it remains unpaid interest is added at an alarming rate. In Massachusetts the rate is 12 percent. A buyer or bank will insist the creditor be paid before completing any transaction. A lien originally in the amount of $1,100 was recently satisfied at a closing in the final amount of $3,600.
The lien is valid if due process of law was followed correctly. Meaning the party involved was sued, the plaintiff won the case, was awarded a judgment and executed the judgment as a lien against the defendant's property. During all these legal 'steps' the defendant should have received notification and time to respond. Undoubtedly the lien represents the deficiency and fees incurred when the repossessed vehicle was sold. There might possibly be an appeal on grounds the suit and/or judgment was faulty and therefore the lien is not valid. This requires research as to the data contained in the lawsuit petition, writ of judgment, and any other contributing factors. To obtain copies of the lawsuit and judgment documents the party involved can contact the clerk or administrator of the court where the writ of judgment was issued.
Because a rectangle is a parallelogram.
Perhaps. It will depend entirely on the debts you owe. Creditors other than those who hold liens against the property cannot seize a primary residence and request a forced sale when it is protected by the homestead exemption. The above does not apply to first mortage lien holders, but it does apply to other creditors who may have a lien against the property as well as those who have not filed judgment liens. If the equity in the property exceeds the exemption amount it is possible for a judgment creditor to file a judgment writ as a forced sale to recover the debt owed. It is rare that a judgment creditor will take such action as it is time consuming and costly for all parties. In addition, there are a sine U.S. states that do not allow the forced sale of a primary residence by a judgment creditor(s), either by direct statute or laws based upon how the property is titled.
Yes, collection agencies can do this. However, first they need to sue the borrowers and obtain a judgment from the court against the general assets of the defendants. Usually, a judgment will become a lien on any real estate property the borrowers own. If the collection agency does not go to court to sue for a judgment, however, it can not place a lien on a home. And not all states or counties may allow judgments to be attached as liens, although many do allow this process.