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If someone has taken you to court and won a money judement in their favor the court will issue a judgment lien that can be recorded in the land records against your real property. You cannot sell or refinance your property until the lien is paid. The lien affects any property you may own. If you have no real property the sheriff can sieze any personal property you own in order to satisfy the lien.
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∙ 15y ago
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Does a judgment become a secured debt?
If it is against property..if it is a judgement against you generally, then no.
How do you collect a debt owed when you have been awarded a judgment from the court in Florida but no payment has been forthcoming?
It is the responsibility of the judgment holder to choose the method how to collect the debt owed. The judgment holder files the judgment with the clerk of the issuing court in the manner they wish to collect the debt, such as a wage garnishment, bank account levy, property lien, etc.
You loaned a friend 5000.00 can you put a lien on her car without a judgment as she rents and has no real assets?
You must petition the court for a judgment on an unpaid debt. If you are successful the court will issue a judgment that will empower you to sieze any property to satisfy the debt. In Massachusetts the sheriff has the authority to enforce the judgment.
Can a monetary judgment be used to put a lien on personal and real property?
Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.Yes. The plaintiff can request a judgment lien and it can be recorded in the land records or used by a sheriff to seize any personal property that can satisfy the debt. If recorded in the land records the defendant's real property cannot be sold or mortgaged until the debt is paid and the lien released.
Can residential property be levied to pay a debt?
No levy may be placed on a home or even a garnishment made unless the creditor has obtained a judgment on the debt through a court. The judgment automatically becomes a lien of property the debtor owns. The creditor then attempts to levy on the property threatening to sell it to pay the judgment debt. Some states force a judgment creditor to go after personal assets like bank accounts first before going after real estate. In that way although the lien is there, the levy cannot yet be made.
If a motion was not filed in a chapter 7 bankruptcy but the debt was charged off can the judgment be transferred when buying new property?
Bankrutpcy doesn't erase debt. It just renders it nonrecourse as to the debtor. I'm not sure what motion you are referring to, but the judgment should not attach to new property acquired.
Can a creditor that has charged off a debt continue to collect and put a lien on real property?
Yes, if the creditor sues the debtor and is awarded a judgment, the judgment can be executed as a lien against real property owned by the debtor. A "charge off" does not mean a debt is not valid nor subject to collection.
How can a civil judgment be enforced in South Carolina?
Methods for collecting a judgment are the levy of bank accounts, seizure and sale of non exempt property belonging to the judgment debtor, or a lien against real property belonging to the debtor, in some cases including the debtor's share of property that is jointly owned. If none of the above methods are viable in enforcement of the judgment the judgment creditor can obtain a wage garnishment. Also, in rare cases the judgment creditor can request the court to order a forced sale of real property to satisfy the debt owed. Actually, in SC the only debt that they can garnish wages for is child support.
If i don't pay credit card debt can they take my car that is paid off?
If Your creditor get a judgment against you they can sell what property you have to pay the debt. So the answer is Yes.
Does a judgment lien against a property have interest?
Yes. Interest continues to accrue until the judgment is paid. That causes the debt to grow. In Massachusetts that interest rate is 12%.
Can a collection agency have you arrested and sue you for the debt if you are unemployed and on Social Security Disability?
You cannot be arrested for failing to pay a debt. The collection could sue you, but the judgment would be nearly impossible to enforce. Your disability benefits cannot be taken or garnished to enforce the judgment. The most they could do is put the judgment on your credit rating, put a lien on your property and perhaps have some of your nonexempt property taken and sold to pay toward the judgment.
How can you have lien against you when you don't own property?
A creditor who sues you for a debt can obtain a judgment lien against you that is good for a number of years. It can hold onto that lien until you do own property and then move against you to seize it to satisfy the debt.
