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No. A creditor cannot force the sale of property owned as tenants by the entirety. It could record a lien but then would need to wait. If the non-debtor spouse died they could take the property. If the debtor spouse died they would be out of luck.

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16y ago

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If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?

In a tenancy by the entireties, property is owned by both spouses collectively. Therefore, if a judgment is entered against one spouse, it typically cannot attach to the property held as tenants by the entireties. This is because creditors generally cannot access property held in this manner to satisfy the debt of one spouse.


Can you lose your home if you have judgments against you?

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.


Can a judgment creditor seize legally owned firearms?

most likely, property is property


Can a judgment creditor foreclose on property jointly owned if only one person was named on the judgment?

No


What responsibility does a cosigner have if the borrower AND the cosigner cannot pay a bail bonds loan?

The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.The creditor can take the matter to court, obtain a judgment lien and take any property either party owns.


What is a filed judgment?

It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.


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.


Can a person's wages or bank account be garnished for credit card debt in Texas?

The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.


In Texas can a creditor judgment for an unpaid phone bill be enforced as a wage or tax refund garnishment or a bank account levy?

A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.


What can a creditor do with a final judgment in Florida?

The judgment can be executed as a bank account levy or wage garnisment or liens against real property solely owned by the judgment debtor or to seize and liquidate any unexempt property that is owned by the judgment debtor.


Can a lien for an unsecured loan be filed against a law suit?

A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.A creditor can sue in court to obtain a lien against a debtor for an unsecured loan. If successful in the lawsuit, the creditor can request a judgment lien that can be used to take the debtor's property to pay the amount due.


Can a credit card company put a lien against your property in North Carolina?

Yes, if they file suit and receive a judgment the creditor can execute the judgment as a lien against the debtor's property.