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Does debtor have to be present when creditor ask court for relief of stay?
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Can a lien for an unsecured loan be filed against a law suit?
A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.
What is a voluntary judgment?
A voluntary judgment is a court ruling or decision that is agreed upon by the parties involved in a legal case. It is usually reached through negotiation or settlement and does not result from a trial or formal legal proceedings. Both parties consent to the terms of the judgment.
What is relief of stay?
Filing a bankruptcy automatically "stays" almost all actions against the debtor. It gives the debtor a temporary hiatus from actions by creditors although it is not permanent and as the procedure progresses the debtor's property may eventually be distributed. A creditor's lawyer, especially a foreclosing bank, can seek a "relief from stay" by filing a motion with the court. If the motion is granted the creditor can go ahead and foreclose on the property and sell it to satisfy its debt. That usually happens when there is no equity in the property.
What is of relief?
Filing a bankruptcy automatically "stays" almost all actions against the debtor. It gives the debtor a temporary hiatus from actions by creditors although it is not permanent and as the procedure progresses the debtor's property may eventually be distributed. A creditor's lawyer, especially a foreclosing bank, can seek a "relief from stay" by filing a motion with the court. If the motion is granted the creditor can go ahead and foreclose on the property and sell it to satisfy its debt. That usually happens when there is no equity in the property.
What happens if a creditor receives a cease and desist letter from a debtor?
Then the creditor must cease any attempt to collect the debt. It means the creditor is not allowed to call debtor, or send the bill to debtor's address or to make any further attempts. If the creditor still call the debtor, the debtor may complain and initiate a lawsuit. But usually the creditor will take the debt to court when a debtor serve him with cease and desist letter. It could be as soon as 3 months up to a year.
Can a lien be placed on an investment property in fl owned by a person who has not paid off a promissary note?
Yes. The creditor must sue the debtor in court and if they are successful they can request a judgment lien. The lien can be recorded in the land records.Yes. The creditor must sue the debtor in court and if they are successful they can request a judgment lien. The lien can be recorded in the land records.Yes. The creditor must sue the debtor in court and if they are successful they can request a judgment lien. The lien can be recorded in the land records.Yes. The creditor must sue the debtor in court and if they are successful they can request a judgment lien. The lien can be recorded in the land records.
Is A writ of attachment is a court order to seize a debtor's property before the entry of a final judgment in a creditor's?
Yes, a writ of attachment is a court order that allows a creditor to seize a debtor's property before a final judgment is entered. It is a legal remedy used to secure the creditor's claim and prevent the debtor from disposing of their assets to avoid payment.
What type of attorney can place a judgment lien?
The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.The creditor must obtain a judgment lien from the court. They must sue the debtor and if they win they can request a judgment lien from the court. The lien can be recorded in the land records and the debtor's property cannot be mortgaged or sold until the lien is paid.
Can a credit card company put a lien on your property in Georgia?
The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.
Can a debt incurred in Pennsylvania be collected on in Florida?
Yes, the lender/creditor can sue the debtor in the state court in the county where the debtor resides for the debt owed regardless of where that debt was incurred. In some cases, the lender/creditor can send the defaulted account to the National Board of Arbitration bypassing the usual court procedure of a lawsuit. The debtor will be notified in advance of any litigation the lender/creditor chooses to take.
What is real estate judgement?
A court ruling that gives a creditor the right to take possession of a debtor's real property if the debtor fails to fulfill his or her contractual obligations.
Can a creditor freeze bank accounts in New Jersey?
A judgment creditor can levy a bank account(s) held by the judgment debtor. An account can be frozen by the court when it appears that funds might be removed and/or transferred to avoid the judgment levy or to allow the judgment debtor to claim exempted funds in the account(S) or when the account is jointly held by a person who is not a judgment debtor. A joint account holder who is not a judgment debtor is required to present documents proving to the court the amount of funds that belong to them and which are not subject to a judgment levy. In some instances when an account is held jointly by a married couple and only one spouse is the named debtor the entire account will be exempted from a judgment creditor levy.
