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Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
What is a judgment?
It is a court order against the debtor to pay the creditor what is due. The judgment can be satisfied in several ways, wage garnishment is the usual one. Levy against bank accounts. Liens against property. The liquidation of non-exempt assets. And sometimes (rarely a homestead) the forced sale of property on which a lien has been placed.
If a credit card company obtains a judgment against you what happens?
The judgment creditor can execute the writ according to the laws of the state in which the judgment debtor resides. The preferred method is wage garnishment or bank account levy. Other options for the judgment creditor is the seizure and sale of unexempt real and personal property belonging to the debtor or liens against real property belonging to the debtor.
If you have a judgment against you what does this mean and what can the company that has the judgment against you do to you?
A judgment is a court order that is awarded when a lawsuit is won by a plaintiff. The judgment can be executed in several ways pursuant to the laws of the state where it was awarded. Some of them are, garnishment of wages, levy of bank account(s), liens against real property, seizure and sale of nonexempt assets belonging to the defendant. Macky...(macky83@juno.com)
What is a sheriffs sale?
A sheriff's sale is a sale which is held when property is seized as the result of a judgment against someone. The property is held by the sheriff and can be sold after notice is given to the public.
If you need to sell your joint-owned house in Florida but you have a judgment against you not a lien will you have to pay the judgment first?
If the judgment was not perfected as a lien against the property (which is almost impossible in Florida), the property is not encumbered and the title should be clear, thereby not causing a problem with the sale. The judgment holder will probably be able to execute the judgment as a bank account levy and/or seize funds garnered from the sale of the homestead.
If personal property is not asked for but money is in a small claims action can that property be repossessed?
(Assuming you are the defendant) If the plaintiff is awarded a judgment against you, and you do not satisfy the judgment in full, the plaintiff may file for a writ of execution on the personal property. The personal property can then be sold at a public sale to help pay for the judgment.
Can your home be taken when a judgment is filed against you in South Carolina?
Maybe. It depends upon how the property is titled and to whom the judgment is against in relation to how the property is titled, (TBE, JTC, JT, etc.). However, the usual judgment execution would be as a lien against the property not a forced sale. Forced sales of primary residence is possible but is costly and time consuming for the judgment creditor and therefore is rarely used as an option to recover a judgment award.
Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
If one spouse has a judgment against them in Florida can the creditor pursue or force the sale of a Connecticut property that is held by joint tenancy?
Generally yes, against the husband's interest only. However, they would need to find the property first and obtain a judgment in Connecticut.
What will happen if you do not pay the judgment in a civil case for 750 dollars in West Virginia?
The judgment holder can execute the judgment by wage garnishment, bank account levy or the seizure and sale of non-exempt personal property, or a lien against real property. Small claims judgments are generally restricted to monetary recovery only and do not allow placements of liens or forced sale of property.
What happens when a judgment is executed?
In the majority of US states a judgment holder can execute a judgment in several ways. The preferred method is wage garnishment, other options for the judgment creditor would be; bank account levy or seizure and sale of unexempt personal property or a lien against real property owned by the judgment debtor.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
What is a judgment?
It is a court order against the debtor to pay the creditor what is due. The judgment can be satisfied in several ways, wage garnishment is the usual one. Levy against bank accounts. Liens against property. The liquidation of non-exempt assets. And sometimes (rarely a homestead) the forced sale of property on which a lien has been placed.
If a credit card company obtains a judgment against you what happens?
The judgment creditor can execute the writ according to the laws of the state in which the judgment debtor resides. The preferred method is wage garnishment or bank account levy. Other options for the judgment creditor is the seizure and sale of unexempt real and personal property belonging to the debtor or liens against real property belonging to the debtor.
In NC Can a judgment against 1 sibling cause a lien to be placed on inherited property owned by 9 siblings and prevent sale?
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.
