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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.
How do you take out a judgment against someone?
To take out a judgment against someone, you typically need to file a lawsuit in court, provide evidence to support your claim, and go through the legal process. If the court rules in your favor, a judgment will be issued against the defendant. You may then need to take steps to enforce the judgment, such as garnishing wages or placing a lien on property.
A person has a judgment against me and now that person has died is the judgment voided?
It obviously depends on what the judgment was for, and may depend on your particular state laws. Money judgments usually become assets of the estate of the deceased, and the executor or administrator of the estate will have to pursue, abandon or compromise the claim.
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 long does a judgment stay against someone?
The length of time a judgment stays against someone varies by jurisdiction and type of judgment. In general, a judgment can remain on a person's credit report for 7 years or longer until it is satisfied or discharged. It may also be renewable or extendable based on the laws of the specific jurisdiction.
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.
You won a judgment in court can you go after a car if it is in her and husbands name if judgment is only against one person?
provided they married in community of property (what is hers is his)
Does a judgment act the same as a lien when you sell real property?
When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.When a judgment is recorded in the land records it becomes a judgment lien against the debtor's real property. That property cannot be sold or mortgaged until the lien is paid.
What exactly is a judgment against you?
Someone has sued you in court and won. The court will issue a judgment lien that the person can use to seize any of your property to pay the amount due.
Can a credit card company put lien on your property in California?
Yes, if the lender sues the debtor and receives a judgment award, the judgment can be executed against personal or real property owned by the judgment 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.
Does a judgment become a secured debt?
If it is against property..if it is a judgement against you generally, then no.
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.
Judgments - can a judgment be filed on a gifted property?
Yes. Your ownership status is just the same as if you had bought the property. Any legal judgment against you can attach to the property.
Can they put a judgment against your property if only your nane is on the deed wife has a judgment against her?
It depends on your state: If you live in most community property states (Louisiana West through Texas, and on the California) a judgment against her may affect your property if it is deemed to be "community property" which is property acquired during the marriage. If you live in a common law state, and the state has maintained "tenants by the entireities" as the form in which married persons hold property, then the property is, in all likelihood, free from the lien of the judgment.
Can personal property be levied when a judgment is placed against you for credit card deliquency?
Answer: If your credit card company obtains a judgment against you they may take any property of value that they can find.
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.
