If your spouse is on the deed and you do not want the lien placed on the house, do the quit-claim deed although I don't know that this will stop the lien. Check with an attorney as I found this about Spousal Rights : Dower and curtesy have been abolished in Alabama. ALA Code Sec. 43-8-57 (1975) Alabama is not a community property state. Alabama does recognize homestead rights ALA. Code Sec. 6-10-3. No conveyance of the homestead by a married person is valid without the voluntary signature and assent of the spouse and the proper acknowledgment under ALA Code Sec. 35-4-29. If I am reading this right, by the homestead right, a lien cannot be placed if the spouse no longer owns the property but....there might be a time frame involved. In other words, if the lien and quit-claim were done with-in days of each other the quit-claim might be revoked if contested by the lender. Again check with an attorney. * No. It is against the law to transfer, sell or take other action concerning property when litigation has begun. Such action could and likely would be seen as a "fraudlent conveyance" (an attempt to shield assets from creditor action) and any such action would be deemed null and void by the court. Alabama is a Tenancy-By-The-Entirety state, therefore, real marital property is not subject to attachment or seizure by creditors when only one spouse is the debtor. The non debtor spouse should confirm that the deed to the property is held as TBE or states "John Smith and his wife Mary Smith" or some such designation as to show the couple hold the property as man and wife.
A property lien is an attachment to the property, not the debtor. The answer would be "no", that won't help you get out of paying the debt.
If the creditor is attempting to make a recovery on a secured loan and the property is the security of that loan, then yes, definately; however, to do so the creditor must seek a judgment to secure the repossession or foreclosure. It is possible in some states that a court can order the liquidation of property to cover payment of debts under judgment. If a creditor is attempting to take possession of your property and there has been no ajudication (court proceedings), they may be attempting to act in an illegal manner. Just be very certain that no judgment has been entered before you try to prevent the recovery. Most creditors are willing to work with debtors in the resolution of loans. Contact the creditor and find out the current status of the property.
A conveyance to avoid creditors is not effective and can be defeated by the creditor. When you convey real estate after you have notice of a default or debt the court will approve an attachment of the property against you and your grantee. The creditors will be able to go after the property in spite of the conveyance.
It will be difficult to prevent the creditor from obtaining a judgment when the debtor has no monies. The debtor may have to borrow money from friends or relatives to prevent pending legal litigation. The creditor generally prays for judgment after negotiations for repayment of debt have broken down and cannot be agreed upon.
You cannot convey property in order to avoid a debt. That is called a fraudulent conveyance and is frowned on by the courts. You should not execute any deed. Generally, if the property is held as tenants by the entirety you are protected from creditors. The creditor of one of the owners cannot force the sale of the property for the debt.
Wages can be garnished if the creditor wins a judgment against you. In order to so that, you must first be sued by the creditor. And the creditor must win the judgment in court. If you are sued, be sure to attend the court hearing and plead your case to prevent this from happening.
It would not be successful in preventing a lien. A spouse is considered to have benefited from any income the spouse had.
If the creditor wins a lawsuit judgment against the debtor he may be able to execute it against a vehicle belonging to the debtor defendant. States establish vehicle exemption which are to be used to prevent a forced sale by a judgment creditor. Judgment creditors however rarely take such action, as the seizure and sale of a vehicle is complicated and seldom worth the effort needed. Creditors prefer to execute a judgment as wage garnishment, bank account levy or a lien against real property as means to recover debts owed.
A creditor can only levy your bank account by getting a judgment against you. To do that, they must sue you. And they must win in court. If you are sued by a creditor, be sure to show up for court to prevent this from happening.
In theory it is possible in the majority of US states for a judgment creditor to excute a judgment as a forced sale of property owned solely by the judgment debtor. There are so many factors involved (time, expense, etc.) creditors rarely use a judgment as a forced sale. The judgment creditor usually files a lien against the property owned by the debtor. Liens are extremely damaging as they prevent the debtor from selling, refinancing or transferring title until the judgment lien is paid. A lien also continues to accrue interest making even a small debt into a large one. Many liens are valid for 20 or more years and the majority of liens are renewable.
The lender is not the deciding factor, although FHA insurance can sometimes prevent a home from foreclosure and/or a forced sale on in some situations. What determines if a creditor can use a judgment to seize a homestead is the laws of the state in which the property is located and how the home is titled.
If someone obtained a judgment lien against you for an unpaid debt, the only way to prevent it from being recorded against your property is to pay it in full.
The judgment is not "removed" but the judgment creditor is barred by the discharge from collecting on the judgment. Filing a c. 7 will stay the collection, but if the case is dismissed before a discharge is granted, the judgment is enforceable. If the judgment involves intentional harm or drunk driving or certain other limited situations, the discharge does not prevent collection on the judgment.
The state does not allow wage garnishment for creditor debt. The judgment can be executed as a bank account levy (including joint accounts), seizure and sale of non-exempt property belonging to the debtor, liens against real property. N.C. as most states has 'loophole' laws that can prevent the forced sale of a primary residence if the homestead exemption is not sufficient to protect the property.
The actions available to creditors with a judgment standing against a debtor is called garnishment. A creditor may garnish bank accounts and other financial investment accounts, and wages. In some states, creditors may also attach state income tax refunds. There are several states, however, that do not allow garnishment at all, and in those states, the judgment is worth about as much as the paper and ink used to print it.AnswerYes. The levy is the next step after a creditor has won a judgment against you. Generally, the creditor must request a Writ of Execution from the court. That writ authorizes an officer of the court, usually a sheriff, to seize any property you own to satisfy the lien. The sheriff can freeze your bank accounts, take your car or record the execution in the land records to prevent any sale or refinance of your real property. If you have other property the creditor is aware of the sheriff can seize it too. The sheriff can sell your personal or real property under authority of the Writ of Execution. The only way for you to get your real estate back is to pay the outstanding debt and costs and with every step in that process those costs rise. The process is often referred to as a levy on execution.
Any person who is owed a valid debt by a property owner can file suit and if awarded a judgment can enforce that judgment as a lien against real property owned by the debtor. If the debt owed qualifies under the laws relating to Mechanic's Liens, then the person or business that is owed the monies does not need to follow due process through the court but can file such a lien with the county recorder's office in the county where the encumbered property is located. However, as a general rule, Florida has unlimited homestead exemption, which does not negate the rights of a creditor to place a lien against the property but it does prevent the forced sale of said property in order for the judgment holder to collect the debt.
Generally, a judgment against one of nine siblings who have inherited property will affect only that person's 1/9 interest. It will not prevent the sale of the property. However, the debtor sibling's 1/9 share of the proceeds will be held back at the closing and used to pay off the lein.
A lien consists of a creditor applying a notice of amount due to any property a debtor may have. This amount must be paid before the property can be sold. A judgment happens when a creditors goes to court to obtain any amount owed. If you were to apply for a loan after a judgment is granted, you may have to pay the judgment before any other credit can be obtained. Both items reflect negatively on your credit report and may prevent future credit. [sale or purchase] In tax-speak, Tax Lien and Tax Judgment mean the same thing -- it is a public record, and a notice to the public that you owe taxes. Most tax liens attach to both real property and personal property. If you own your home, the taxing agency that placed the lien against you uses a tax lien to create a security interest -- once the lien is filed, they are a secured creditor. If you try to sell your house, you will have to pay the lien off at the closing to ensure that you have a clear title to transfer. The taxing agency will be in line for proceeds based upon when they filed the lien.
Yes.The FDCPA does not prevent a creditor/collector from contacting the debtor on Sundays and/or holidays.
Generally, yes, a person can sell property to whomever wants to buy it, and it often the only way to pay off a judgment against them.Even a lis pendens attached to the property itself does not prevent the owner from selling it, as long as the buyer is willing to take the purchase subject to the results of the pending lawsuit.
The debtor can contact the clerk or administrator of the court that issued the writ of judgment to obtain information on filing procedures for a Motion to Quash the judgment. Such litigation is only useful if the judgment is invalid, even so there is nothing to prevent the creditor from refiling and receiving a new judgment writ.
In almost every US state it is possible for a judgment creditor to request a forced sale of property to which a lien has been attached. A definite answer is not possible as there are many factors that could prevent a forced sale of a primary residence. For example, Texas is one state where statutory law forbids the sale of a homestead. Other states do not allow such a sale if it is marital property held as Tenancy By The Entirety and only one spouse is the debtor, and so on and so on.
No. Even if the couple reside in a community property state, the wife would be able to use the innocent spouse defense to prevent the judgment from being executed against her as income garnishment. However, all other marital property, including bank accounts, other non exempt assets and jointly held real property would be subject to the execution of the judgment. The exception would be any marital property held as Tenancy By The Entirety according to the laws of the state in which the couple reside.
Win in court or pay the debt.
You can't. The issue of not being able to pay one's debts due to lack of employment or other hardship is not relevant in the legal sense. The judgment creditor may enforce the judgment under whatever manner is allowed by the laws of the debtor's state.