This might work as long as the deed of transfer is recorded before the lien is recorded. However, keep in mind that a transfer of real property done to avoid creditors can be undone by a judge. The creditor can petition the court to invalidate the deed and if the creditor can provide proof the judge will issue a court order that can be recorded in the land records. A lien recorded after the court order will be effective and must be paid off before the property can be mortgaged or sold.
It depends on the state... Probably. * Four US states do not allow garnishment if there is another option for the judgment holder to collect monies owed (bank account levy, seizure and liquidation of non exempt property, lien against real property). Those states are North and South Carolina, Texas and Pennsylvania. In all other US states a judgment holder can garnish wages. It would be quite simple for an attorney as they already have the necessary information to execute the judgment as a wage garnishment.
It depends on what the debt is the result of. If the debt was incurred because of unpaid services rendered or goods delivered to their property, then, yes. For all other debts, you will need what is called a judgment lien. A judgment lien is where you sue someone, and are awarded a judgment against them. If the judgment is not paid, it can be filed in the property records, and creates a lien on the debtor's property.
The question is what kind of judgment. If it is a judgment lien on property you would have to specficially have the Court void the lien. Mere discharge does not eliminate a valid lien. If you didn't own real property at the time of bankruptcy, generally, a judgment lien cannot attach post-filing. There is no need to eliminate this lien because it is void.
Absolutely. If you are sued and a judgment is rendered against you, a lien can be placed against your paid-off property. Because you have 100% equity in the property, your exemptions may not protect the property fully.
No. Any legal document should not be witnessed or notarized by an individual who will benefit from the document. An attorney-in-fact benefits from a POA because it gives the attorney-in-fact complete authority over the property of the principal.
That depends on several factors including:1.) The creditor would need to obtain a judgment lien from a court of law.2.) Who owns the property:If the property is owned by a married couple as tenants by the entirety a judgment against one would not be valid against the property.If the property is owned solely by the debtor then the judgment lien would be successful if recorded in the land records.
It can depend but in most cases just because there is a lien on property doesn't mean that the person holding the lien owns the property at least prior to default and foreclosure. There are exceptions, however, and that's where the "lien" is really a transfer of ownership -- there are some states where a mortgage is really a transfer of the property subject to later being transferred back, but you'd need to check in your state whether that's the case.AnswerThe owner of the fee in real estate owns the property subject to the lien until the lien holder takes the necessary steps to foreclose on the lien or size the property pursuant to a judgment.
First they must consult with an attorney. The joint tenancy should be broken because if the tenant who has been paying the mortgage and expenses should die suddenly, the one who left would own the property automatically. The attorney can review the situation and discuss your options. Perhaps you could bring an equity complaint asking the court to order the transfer the non-payers interest in the property.
You should seek the advise of an attorney if the state condemns your property just because, you would not sign the warranty deed to them.
You will know because you or your attorney (if you had one) will receive a payment from the party that lost (or their attorney) the case. If they don't pay, then you have to collect on your judgment, which is a whole another ball game. Good luck.
yes, because the majority of judgments and liens attach to the person, not necessarily the land; however the liens do attach to any land owned by the person ==Clarification== Not all jurisdictions recognize priority of recorded judgment liens as to after-acquired property. In Massachusetts recorded federal and state tax liens affect after-acquired property, judgment liens do not.
No, income tax refunds can not be held for credit card companies. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Absolutely not. It is not unusual for a judgment to be awarded to a creditor, but it cannot be "satisfied" because the debtor is deemed judgment proof. Meaning the person has no assets that can be seized for the amount of the judgment. However, in most cases judgments are renewable. Creditors may continue to do this, based on the premise the debtor at a future date will have property or income the judgment can be executed upon.
If a judgment has been granted that would signify that a lien has been placed upon your property.Therefore, the property cannot be sold until the debt has been paid in full.Or the court can order the property to be sold.If that did not happen in the original judgment grant it is unlikely that the judgment can be modified to allow it.If it is on your credit report, that is irrelevant,(for the time being). Because you are under a order by the court that your property cannot be sold or transferred.AnswerJudgements granted in small claims court can not be levied against personal HOMESTEADED property in certain states. TERXAS is one of those states. If your property is your personal home, and has been "homesteaded" at the local property tax office; (a simple procedure) the judgment can not keep you from selling your home, nor can it be forced and collected at the sale of your home. That would be a "slander of title" in Texas and in many other states that forbid attachments of such kind to be placed on your home. The person with the judgment would ave to take other avenues to collect, such as a "writ of execution".
because that was god's judgment on us because that was god's judgment on us
Generally, yes- if the following three factors apply: he is the owner of the property; a creditor has obtained a judgment lien; the lien is for an amount great enough to warrant the expense of taking possession of the property.
You need to consult with an attorney who can review your situation and explain your options. If you wish to add your children to your deed you must have a new deed drafted that transfers ownership from you to you and your children. There are legal consequences to adding your children to the title to your property and you should understand them before making that transfer. Also, deeds should always be drafted by a professional because errors in deeds made by non-professionals can be costly to correct if they can be corrected. The fees for this transaction shouldn't be very high but having the advice of an attorney will be well worth it.
Yes. Because you can't have judgment if you have no emotion.
You would need to file a motion to rescind (quash) the judgment writ on the grounds that it is invalid because...? You must have documentation to substantiate your claim. If the motion (suit) is granted the court can return the attached property to the debtor's possession with or w/o stipulations, freeze the assets to prevent either party from action, dismiss the case/judgment with or w/o precedence, and/or numerous other such rulings.
It depends. Bank accounts can be seized, however, this is subject to limitation. Creditors must send out a Notice of Rights to the debtor which includes a Motion to Claim Exempt Property before they can execute on a judgment and seize a bank account. The debtor can claim the bank account as exempt if it contains less than a certain amount of property. Even if it is not claimed as exempt, wages in North Carolina earned within the past 60 days are not subject to execution, nor are certain federal benefits. Also, property of a spouse cannot be taken to satisfy a judgment against a defendant if the judgment is not also against the spouse. Still, creditors frequently seize first and ask questions later. Most people don't do anything about even an illegal seizure because they believe they cannot afford an attorney. The truth is that if the seizure is illegal, the law requires the creditors to return the money AND pay the debtor's attorney fees. If your bank account has been seized, contact an attorney to know your rights.
That's pretty simple to answer: Judgments don't go away because a company is sold or even goes out of business. The successor to the company or its assets has the right to pursue collection of the judgment. Occassionally you can get rid of the collection efforts and the judgment if you protest it on the basis that you were not given advance warning that the company was seeking the judgment. This is a legal matter that should be discussed with an attorney. Your rights may vary from place to place. However, if the judgment is discharged because you were not so warned, the new company may decide that it is not worth the time, cost and effort to obtain a new judgment.
Quit claiming title to a family member will not avoid foreclosure because the mortgage lien on the property has not been satisfied and the lender has a claim on the property. It will not cause the foreclosure proceedings on the property to cease and the lender will seek a judgment from the civil court.
No personal property of an indivual officer of a corporation may be seized to pay a corporate debt. This is so even if that individual is the person responsible for the claim against the corporation. As long as the judgment is against the corporation, only corporate assests may be seized. Sometimes plaintiffs in actions against corporations try to get judgments against the individual officers or shareholders as well as the corporation itself by means of a legal theory called "piercing the corporate veil". This is usually not successful. But even if the plaintiff were successful and got a judgment against the corporation and the individual, the individual's property would not be subject to seizure because of the judgment against the corporation. His/her property would be subject to seizure because there would be a judgment against him/her personally. This is the whole purpose of the corporate structure to begin with, that is, the ability to run a business without fear of personal liablity.
Alarm at the implicit judgment that no state could ban slavery, because it was protected by the Constitution. (Property was sacred, and slaves were property.)Indignation at the suggestion that a black man could not be a citizen of the United States.
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.