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Is a lien by a creditor placed on the debtor or the debtor's attorney?
Wiki User
∙ 17y ago
The creditor will execute the judgment against the debtor's non exempt assets or property not the debtor's legal counsel. On the debtor.
Wiki User
∙ 17y ago
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Can liens be placed against residential property in Virginia for unsecured debts?
Yes, if the creditor sues the debtor and prevails in court.
Can a lien be placed on your personal property by a credit card company if the account is in arrears?
A creditor must follow due process as prescribed by the laws of the state where the debtor resides. For a lien to be placed against real property the creditor must first sue the debtor, be awarded a judgment and enforce the judgment as a property lien.
Can a business checking account be garnished for a personal debt?
If it can be proven that the debtor has placed private funds in the account to avoid seizure by a judgment creditor.
Can a lien be placed on property when wife and husband are both on the deed if only one of the couple has a judgment placed against them?
The interest of a co-owner can be attached by a creditor. That creditor can then petition the court to partition the land if the debt isn't paid and the debtors interest could be sold.
What does Bad debt and placed for collection and skip mean?
Bad debt means debt that is not collectable. Placed for collection means the debt has been sent to a collection agency or department. Skip means the creditor cannot find the debtor and will use different methods to locate the debtor.
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.
What is an outstanding judgment on a credit report?
An outstanding judgment is a court order that gives a creditor the legal right to collect from a debtor. As court judgments are a matter of public record, a creditor can report the judgment on the debtor's credit reports. An example of a judgment placed on a credit report would be a judgment for eviction. This judgment will remain on the credit report for seven years from the filing date.
How can you put a lien on a creditor's vehicle to pay the judgment they owe you?
The creditor is the person who has loaned the money not the person who owes the money. The debtor owes the money and a lien is placed against that person's property by the lender obtaining a judgment through the proper legal procedure that are required in the state in which the debtor resides. Usually the creditor will need to sue the debtor in small claims or other state court in the county in which the debtor lives. Mechanic Liens can be recorded with the clerk of deeds or land record office by presenting the proper documents and following the methods required by the laws of the debtor's state.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
What is a debtor state?
A debtor state is a state that will not garnish wages or place leans on homes in the case of unpaid debts/bills ! There is not such a thing as a "debtor state" there are states that are considered "debtor friendly" rather than "creditor friendly" meaning that the states have existing laws that favor the debtor rather than the creditor when it relates to bankruptcy and lawsuits for monies owed. This does not necessarily mean that wages cannot be garnished, assets cannot be seized nor liens placed against real property, it simply means the debtor can sometimes avoid such action or can protect a large portion of his or her real and personal property.
Can a lien be placed on your property in one state if you move to another?
Yes. The judgment creditor can also file an Abstract of Judgment against property owned by the debtor in another state if the action is warranted.
If a credit card debt is only yours and it is not paid can they take your husband's property or property in both of your names in Ohio?
Real property would not be subject to attachment as Ohio is not a community property state and therefore only the spouse who incurred the debt is responsible for the debt. However, it is possible in some cases for a lien to be placed against the debtor spouse's share of a homestead as Ohio law allows for the "equitable division of property". Joint bank accounts can be subject to levy thereby requiring the non-debtor spouse to prove the amount of funds belonging to him or her to insure they are protected from creditor attachment. Any property held solely in the name of the non-debtor spouse cannot be seized by creditor(s). All debtors are allowed personal and property exemptions established by state law which prevents creditor attachment. The exemptions allowed under bankruptcy law are the same that are allowed in regards to a creditor judgment.
