Deeds and Ownership
Can a lien be filed after a judgment has been made?
Asked in Liens
Does satisfaction of lien pays the final judgment?
Asked in Credit and Debit Cards, Credit
Can a New Jersey court levy a lien on credit card debt incurred in Pennsylvania?
Creditor lawsuits generally must be filed in the state where the debtor resides. If the debt was incurred in one state and the person moved from that state after making the contract, in some instances a suit can be filed and a judgment awarded in the state where the contract was made. In which case the judgment/lien can be filed against property where the debtor now resides.
Asked in Civil Process, Liens, Deeds and Ownership
What is the difference between a lien and a judgement?
A judgment is a decision made by the courts in a civil suit. A successful plaintiff must enforce and collect upon the judgment. If the defendant doesn't voluntarily pay the judgment, the plaintiff can request a judgement lien. The judgment lien must be appropriately filed in order for the creditor to secure their position to collect the debt. It can be: served on a bank to freeze a bank account; recorded in the land records to seize real property; used by the sheriff to seize personal property; etc. A judgment lien is a TYPE of involuntary lien. There are many different types of voluntary and involuntary liens such as: mortgages; income tax liens; property tax liens; liens for municipal services; mechanic's liens; child support liens; and, judgment liens.
Will a lawyer settle on a judgment that is 4 years old and already included in a chapter 7 and released and remove a lien on your property and if so what should you offer?
The judgment and the lien may reflect two different debts. Normally you cannot include a judgment in a bankrupcy or amend the amount to be paid since it is a court ordered payment to be made. You need to pay the court and get a paid receipt for the judgment. The payment of the lien would be reflected in a release of the lien for that property.
Asked in Law & Legal Issues
A judgment has been filed in court how can you fight it?
Asked in Liens, Real Estate, Housing Associations
Can an Home owners association put a lien on your property even while you are making payments?
You are not clear about who you're making payments to: the mortgage company for your mortgage, or to the association to pay assessments that are in arrears. If you mean payments to make up arrears, and the association filed a lien on your title, review the agreement that you made with them about making payments. It's possible that filing a lien is part of your agreement in some way. Or, that the association has filed a lien against you in error. If you mean payments to pay your mortgage, and you are not paying your assessments, your association filed a lien to collect monies that you owe in past-due assessments. (You have to pay both: mortgage and assessments.) If your assessments are up to date, check with the board to better understand why a lien has been filed by the association on your title.
Asked in Liens, Cows and Cattle
How is a lien on cattle enforced?
The action that can be taken by the judgment creditor/lien holder would depend upon the laws of the state where the cattle are located. The lien holder can petition the court to order a forced sale of the herd or the portion needed thereof to recover the judgment award or wait until a voluntary sale is made by the debtor.
Asked in Liens
How do you file a claim or lien against a company who did not pay the account payables?
You can't just file a valid lien against a company. You have to have a statutory right to a lien on specific property. Therefore, unless you made improvements to their real estate, or did work on their vehicle, or are their attorney, or provided medical services, the only way you can claim a valid lien is to first sue the company and obtain a judgment. Then the judgment can be a lien against the company's real estate and you can also execute against its assets.
Where can you find the information on a joint judgment filed in 2001?
Court files are public records and some even have the records online where they can be viewed for free. If not available online, you can got to the court and review the file and pay to have copies of the documents made from the file. If an abstract of judgment was filed, it would have been in the county where you were sued. Contact the county clerk's office for assistance.
Asked in Statutes of Limitations
What is the statute of limitations on a mortgage payment in Georgia if it's a second mortgage and payment hasn't been made in 5 years?
Can you change your custodial parent after the divorce is final?
No. That change must be made by a court order after a petition has been filed for a change by one or both parents. No. That change must be made by a court order after a petition has been filed for a change by one or both parents. No. That change must be made by a court order after a petition has been filed for a change by one or both parents. No. That change must be made by a court order after a petition has been filed for a change by one or both parents.
Asked in Civil Lawsuits, Income Garnishment
Can residential property be levied to pay a debt?
No levy may be placed on a home or even a garnishment made unless the creditor has obtained a judgment on the debt through a court. The judgment automatically becomes a lien of property the debtor owns. The creditor then attempts to levy on the property threatening to sell it to pay the judgment debt. Some states force a judgment creditor to go after personal assets like bank accounts first before going after real estate. In that way although the lien is there, the levy cannot yet be made.
Asked in Auto Loans and Financing, Repossession, Liens
Can you get a check from a claim to you directly when the car has a lien holder?
No. If processed correctly the check will be made out to you and the lien holder. No. If processed correctly the check will be made out to you and the lien holder. No. If processed correctly the check will be made out to you and the lien holder. No. If processed correctly the check will be made out to you and the lien holder.
Asked in Loans, Debt Collection, Civil Lawsuits
May a finance company charge finance charges after a judgment has been made?
Can a settlement offer be made to a credit atty after a judgment has been filed?
Asked in Debt Collection, Civil Lawsuits, Liens
Can a creditor place a lien against your home in the state of Florida?
Yes. If the underlying debt results from improvement being made to your personal residence, a person/company may lien your property. Further, they may take action to foreclose on the lien and force the sale of the property on the court house steps. It doesn't matter whether you pay your mortgage, taxes or anything else. This is a construction or mechanics' lien and section 713 of Florida Statutes governs these transactions. If you receive a Claim of Lien in Florida as a result of improvements being made on your residence, you should take it very seriously and consult with an attorney expert in construction law in Florida. If a creditor wins a judgment against you in court the court will issue a judgment lien that can be recorded in the land records. The property cannot be mortgaged or sold until the lien is paid. The judgment creditor can force the sale of the property under certain circumstances. See related link.
Asked in Debt and Bankruptcy
Can a request for default judgment be filed if there was no summons?
There can be no judgment of any sort unless the lawsuit has been filed and "heard" in accordance with state statutes. Often the defendant debtor believes they have not been legally served because the civil summons was not physically placed in their hands. In the majority of U.S. states that is not a requirement. A civil summons can be hand delivered in several ways (process server, courier such as FedEx, etc.) or it can be sent as registered mail via U.S.Postal service. The premise for such action is that a "reasonable attempt" needs to be made to inform the defendant that he or she is being sued. If the named person cannot be found and/or he or she refuses delivery of said summons the lawsuit will go forward under the default laws. In such instances a default judgment can legally be filed. The defendant does have the right to contest the validity of said judgment to have it quashed. But unless it can be proven that the required notification procedures were not followed the judgment will stand.
Asked in Repossession, Liens
What is a notice of lien?
A notice of lien is sent to a property owner to tell him that some other person has made a financial claim against his property. The property cannot be sold without satisfying the lien judgment. A typical use of a lien occurs if you refuse to pay someone who did a service at your home, or someone who repaired your car. A lien can be contested. You can get the lien removed if it has no basis. The lien itself does not change your status as owner of a property. You continue to own the property until you sell it or a court orders it taken away.
What is the starting date when a judgment counts is it when the court hands down the judgment or when the lawsuit is filed?
The "starting date" of the judgment is the date the court rules on it and it is filed as decided. However, if the collection limit expires before the court rules on the account, the court may--if they are made aware of the fact--rule in favor of the debtor. Keep in mind that prejudgment, this limit is seven years from the date of last payment.
Can a motion for temporary orders for a parenting plan replace the response to divorce papers?
No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint. No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint. No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint. No. You must respond to the divorce complaint. A motion is a formal request made to a judge for an order or judgment. A motion for temporary orders for a parenting plan can be filed in a divorce case but it doesn't replace the answer to the divorce complaint.
Asked in Debt Collection, Liens, Foreclosure
What happens to a lien you filed on a property and it is now in foreclosure?
If the foreclosing lien is junior to the lien in question (it was placed on the property after your lien and you did not sign an agreement allowing it to take a priority position over yours), then it must satisfy (pay off) all other liens that are superior or senior to it. This would include yours. If the foreclosing lien is senior to yours (such as a first mortgage foreclosing and you have a 2nd mortgage or mechanics lien), then your lien will be stripped from the property and made invalid. The debt would now be unsecured and you would have to pursue the debtor through other means, such as a lawsuit or collection agency.
In the state of Colorado how do you garnish wages after a judgment has be made?
How do you know where your restitution goes after you won your lawsuits?
If you prevailed in your lawsuit you should inquire at the court or your attorney's office to determine how and when you will be paid. You should be able to request a judgment lien that can be recorded in the land records until the judgment is paid. Once that lien is recorded the debtor cannot sell or mortgage their real property until the judgment is paid. Also, statutory interest accrues from the time the original judgment was issued. The longer the judgment remains unpaid the greater the amount due. If you were the party ordered to pay you must check with your attorney or with the court so a payment schedule can be arranged. You will want to determine how you will be provided with proof the restitution was made and you need to keep a hard copy of that proof in a safe place. If a judgment lien was recorded you must make certain a proper release is recorded in the land records.
Asked in Vehicle Titles, Liens
What does it mean if the lien holders name is still on your vehicle title?
It means the lien holder has not released the lien because it hasn't been paid. You need to do some research. It must have been on the title that was signed over to you at the time of the sale. That is the time to check into clearing the lien. If a lien is listed on the title of a motor vehicle the buyer should not turn over the proceeds to the seller. The lienholder should be contacted for a payoff amount and the paid if necessary. Arrangements should be made at that time to have the lien released.