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Yes, you can quitclaim your property even if you have a judgment against you. However, it's important to note that while the quitclaim deed transfers your ownership interest in the property to another party, it does not eliminate the judgment itself. The judgment may still attach to the property, meaning the creditor could pursue the property to satisfy the debt. It's advisable to consult with a legal professional to understand the implications fully.
What else can I help you with?
If you had a judgment against you and you put it on your Chapter 7 can they keep a judgment on your credit after you are discharged from your Ch 7?
Yes. If the judgment resulted in a lien against property. Even though the judgment will be discharged in the BK. The lien will remain on the property and the item will remain on the CR. Due to the negative effect of a BK, the additional notice of a judgment, is rather insignificant.
Can you sale property if an heir has a judgment against them?
Yes, a property can still be sold even if an heir has a judgment against them, but the judgment may create complications. The judgment could result in a lien on the property, which must be addressed before or during the sale process. It's advisable to consult with a legal professional to understand the implications and ensure that all debts are settled appropriately to avoid potential issues with the sale.
Can personal property be seized from the president of a corporation that has a judgment against it?
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.
Can a joint property be seized for a judgment against only one spouse in the state of Texas Even though spouce signged quit claim deed before judgment?
In Texas, a joint property can still be seized for a judgment against one spouse, even if the other spouse signed a quit claim deed before the judgment. This is because Texas is a community property state, and joint assets are generally considered to be owned equally by both spouses regardless of individual financial obligations or actions such as signing a quit claim deed.
How do leins work in North Carolina?
North Carolina does not allow wage garnishment for creditor debt. Liens against real property are possible if the creditor wins a lawsuit judgment and chooses to execute it as a lien against real property owned by the debtor. N.C. also allows a judgment creditor to levy bank accounts even if they are jointly held.
If you are court ordered to demolish your house in PA. by a specific date can you quitclaim it to your daughter before that date to prevent you from being in contempt and give you time for repairs?
No. The property is subject to the Demolition Order even if you transfer it to your daughter. Also, the order was issued against you and if you fail to obey it sanctions will be imposed against you.
If a husband is sued for a auto accident and a judgment is entered solely against him can his wife's wages be garnished for his judgment?
No. Even if the couple reside in a community property state, the wife would be able to use the innocent spouse defense to prevent the judgment from being executed against her as income garnishment. However, all other marital property, including bank accounts, other non exempt assets and jointly held real property would be subject to the execution of the judgment. The exception would be any marital property held as Tenancy By The Entirety according to the laws of the state in which the couple reside.
My husband owes money to his realtor company HE WORKED FOR they would like to put a lien on our house can they?
If the realtor sues for the amount owed and wins a judgment then the judgment can be used as a lien against the home even if it is titled in both names. Whether or not the judgment holder could request a forced sale of the property would be determined by the laws of the state in which the property is located based on the way the title to the property is held. The exception to the necessity for a court judgment to place a property lien would be the filing of a Mechanic's Lien.
Can a creditor receive a judgment and or lien against me even though you have never appeared in court?
If you fail to appear in court a default judgment can be entered against you
Is it legal to give a general warranty deed to you and then give quitclaim deed to your husband excluding you from rights to said property?
With all legal matters, the correct answer is "talk to a lawyer".My gut reaction is that a quitclaim deed can only transfer any interest the person actually has in the property, with no particular guarantee made that they have any interest in the property (essentially, it says "I waive any rights I may have to this property in favor of the grantee" - your husband, in this case). If they've already given you a warranty deed, they no longer have any interest in the property and the quitclaim deed is at best meaningless.In some states, it may be doubly meaningless, because property acquired after the marriage is generally considered community property (unless it was a gift or bequest specifically to one partner; in that case it may be separate property even in community property states, and the need to talk to a lawyer becomes even more imperative).
Do the people that you bought your place from need to be there when you do the quitclaim deed?
If you're "doing" (I assume you mean signing) a quitclaim deed, the people you bought the property from are utterly irrelevant to the transaction, which is strictly between you as the grantor and whomever you are giving up your interest in the property to as the grantee. So no, they don't need to be there. You should only accept a quitclaim deed in certain very specific circumstances, and buying a property from someone is not likely to be one of them. The reason for this is that all a quitclaim deed really says, legally speaking, is that the grantor gives up his or her interest in the property to the grantee. It doesn't promise that someone else doesn't own part or even all of the property, it doesn't promise that the property is unencumbered, and it doesn't give the grantee any legal recourse if either of those things turn out to be the case. When buying a property, you should insist on a proper grant deed or warranty deed.
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
