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When a judgment is executed is it an 'automatic' lien on the debtor's property?
Wiki User
∙ 17y ago
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.
Wiki User
∙ 17y ago
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What is a supercedeas bond?
Also called supersedeas bond, this is the security required by courts to protect judgment debtors from having their assets executed upon, while they appeal judgments against them.
What can collection agencies seize?
State laws determine the property that can be excempt from a judgment creditor. Generally it will be the same property which is considered exempt during bankruptcy with a few exceptions. The major exception would be the homestead exemption amount and/or the ability for a judgment creditor to force the sale of a primary residence. Another issue that could impact the judgment execution against any property is whether the debt applies to married couples who are not co-debtors and do not live in a community property state. The majority of judgment creditors prefer the use of wage garnishment when executing the judgment writ. In lieu of that the second choice is usually bank account levy.
Is social security disability judgment proof in Missouri?
Social Security Disability and Social Security is judgment proof from debtors in all states.
Is there a look back period for debtors to file a judgment on a person alone?
Your question makes no sense. Debtors do not file judgments. Creditors seek judgments and courts file them.
Do i need a lawyer to file a Judgment debtor's claim for exemption in Missouri?
You do not need a lawyer for file a judgment debtors claim for exemption in Missouri. You do need to have it notarized.
What happens at after judgment is filed?
When/if the judgement is granted by the court, it is filed with the Clerk of Court, and the lienor is given lawful authority to lien or attach the debtors bank accounts or such other items of personal or business property as might be permitted by the judgement.
Legal charge on debtors house for the last 6 years can you threaten to ask the court for an order to sell the property hoping to obtain repayment?
Yes, this is called a judgment lien. A judgment lien can be foreclosed and a forced sale judicially ordered unless for some reason this would be unlawful, such as when such a foreclosure would be unlawful under homestead provisions.
Can a creditor take possession of your home or vehicle?
If the creditor is attempting to make a recovery on a secured loan and the property is the security of that loan, then yes, definately; however, to do so the creditor must seek a judgment to secure the repossession or foreclosure. It is possible in some states that a court can order the liquidation of property to cover payment of debts under judgment. If a creditor is attempting to take possession of your property and there has been no ajudication (court proceedings), they may be attempting to act in an illegal manner. Just be very certain that no judgment has been entered before you try to prevent the recovery. Most creditors are willing to work with debtors in the resolution of loans. Contact the creditor and find out the current status of the property.
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 is Texas law about senior citizens that cannot pay credit cards?
Senior citizens are not immune to collectors nor lawsuits by creditors simply due to their age. All SS benefits are exempt from garnishment by judgment creditors as are military and government pensions and in most cases private pensions. Real and personal property exemptions (those things which a judgment creditor cannot seize) apply to all persons regardless of their age. The exemptions allowed under the bankruptcy laws are those that are used to protect property from judgment creditor action. The Fair Debt Practice Collection Act gives judgment debtors specific rights concerning collection procedures. Texas law allows liens on real property by judgment creditors it does not allow the forced sale of a primary residence. (The judgment debtor must have a homestead declaration on file with the county assessor/land office).
If more than one person owns a piece of property and one of the people owe money can a creditor of this individual put a lien on the property or force the property to be sold?
Where there are joint owners a creditor of one can petition the court for a judgment. If the creditor is successful and the debt isn't paid then they could petition to partition (sell) the debtors interest. You may need to purchase that interest to keep your property ownership close with no third party owning an interest.
Can you go to jail for not paying a court ordered suit?
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.
