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 they say they have a judgment and in fact do not, they are breaking the law. You can report them to the Federal Trade Commision, which regulates collectors or to the American Collectors Association. Be sure first, thouhg, that there's not actually a judgment against you; you don't necessarily have to have been in court when it was granted. Demand to see written proof of the judgment before doing anything.
First, you must file a suit in either small claims or district court. You will need to prove your claim. When you prove it, you will obtain a judgment against that company. Afte you obtain a judgment, you can have the judgment enforced and one of the ways you can enforce a judgment is to put a lien on non-exempt real property.
Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for. If the judgment is against the deceased spouse only and the married couple were not residents of a community property state the surviving spouse is not legally responsible for the judgment debt and it can be voided by the probate court or the surviving spouse. In some cases, no legal action is needed, the judgment becomes null and void upon the death of the debtor.
No. Credit card debt is unsecured debt. Your home mortgage is secured debt. There is nothing securing the balance you may owe on your plastic. So, for a CC company to really do anything about an unpaid balance, they must first get a judgment against you, with which they will attempt a garnishment. They cannot automatically get a judgment either. They must first contact you and validate the debt per the FDCPA. Then they have to bring a suit against you, and win the suit, usually with a summary judgment. Only with a court-ordered judgment can they attach your wages, bank accounts, or put a lien againt your home.
In the state of Florida nobody can take your primary home, or primary car without obtaining a judgment. Florida is more strict on collecting debts than all of the other states, and even if your creditors sue you they only have 4 years to do it and it can only be for the original amount of the debt. They cannot assess any extra penalties or fees, other than the usual court fees.
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.
Placing JudgmentsFirst you need to win the judgment in court proceedings. Then with that paperwork, you can contact the credit reporting agency. With that judgment, you can also do a search of the person's assets (through the internet) and put a lien on the assets.Individuals do not report judgment awards to credit reporting bureaus that is done by independent agencies contracted by the credit bureaus.A judgment cannot be used to access a person's financial and personal information, that is done via discovery documents issued before the judgment is entered against the debtor/defendant.
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