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What happens if husband dies and house was under his name yet wife has a longstanding judgment against her. Does plaintiff with judgment against the wife get the property or does the wife get it?
Wiki User
∙ 12y ago
If the wife has no interest in the property, meaning that her name was never on title, then she doesn't own it. If she doesn't own it...they cannot take the property away from her. I would reccomend a title search to make sure that she was never on any deeds. Good luck.
Wiki User
∙ 12y ago
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If personal property is not asked for but money is in a small claims action can that property be repossessed?
(Assuming you are the defendant) If the plaintiff is awarded a judgment against you, and you do not satisfy the judgment in full, the plaintiff may file for a writ of execution on the personal property. The personal property can then be sold at a public sale to help pay for the judgment.
What is the difference between a lien on property and lien on a person's name?
You have asked an interesting question. Briefly:There are numerous different types of liens in law. Some occur voluntarily when a property owner places their property as security for a loan. This type may be viewed as a lien against property.Some liens are involuntary such as when a plaintiff wins a judgment against another in a court of equity. The judgment is against the person and the successful plaintiff can request a judgment lien that can be used by the sheriff to attach and take possession of the defendant's property to satisfy the amount owed to the plaintiff. A judgment lien can be recorded in the land records to attach and take possession of real property.
Is a judgment against the person or property?
A judgment can be against either the person or their property. A personal judgment is against the individual's assets or income, while a lien on property is against the person's property.
What steps do you have to take in detail to file a judgment?
A lawsuit must be filed against the debtor/defendant in the court of jurisdiction. If the plaintiff wins the suit a judgment will then be entered against the defendant. Judgments can be executed against the property or wages of the debtor in accordance with the laws of the state in which the judgment is awarded.
If you have a judgment against you what does this mean and what can the company that has the judgment against you do to you?
A judgment is a court order that is awarded when a lawsuit is won by a plaintiff. The judgment can be executed in several ways pursuant to the laws of the state where it was awarded. Some of them are, garnishment of wages, levy of bank account(s), liens against real property, seizure and sale of nonexempt assets belonging to the defendant. Macky...(macky83@juno.com)
Can a trust's property be taken if one of the trustees has a judgment against him?
A judgment against the trustee in his individual capacity will not affect the trust property. A judgment against the trustee as the trustee will become a lien on the trust property.
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.
Can a credit card company that filed a debt as a charge-off still file a judgment against the debtor?
Yes, the creditor or more likely a collector who buys the account can file a lawsuit against the debtor. If the plaintiff (collector) wins the suit, they will be awarded a writ of judgment. A judgment can be used to garnish wages, levy bank accounts, place liens against real property or liquidate nonexempt property owned by the debtor.
What if you're legally separated and someone has a judgment against the other person?
It depends on what type of judgment is in place. If the person is the sole debtor but there is still jointly owned property, the plaintiff can place a lien against the defendant's share. Or use the judgment as a wage garnishment or bank account levy. In some states joint accounts can be levied against. If that happens, the funds are frozen and the non-debtor must submit proof to the court what portion of the account belongs to them. If the debt was not joint the judgment will be only be entered on the PR of the plaintiff's credit report.
What is a judgment of Non Pros?
It is a judgment against a plaintiff for neglecting, or failing, to properly press his lawsuit according to the law and the rules of the court.
What are the legal ramifications of not paying off a small claims court ruling?
If you don't pay a small claims court ruling, the creditor can take legal action to enforce the judgment. This can include wage garnishment, bank levy, or placing a lien on your property. It can also negatively impact your credit score and make it difficult to obtain credit or loans in the future.
What will happen if you owe money get sued in court and lose the case?
You get a judgment filed against you by the court, and it is recorded in public records. It can affect your credit, your ability to purchase real estate, and in some instances keep you from getting a job. The judgment amount is usually subject to interest, so the amount keeps going up.
