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A court order to force the sale of real estate to pay a judgment is typically referred to as a "judicial sale" or "sheriff's sale." This process allows for the property to be sold in order to satisfy the outstanding judgment that the owner owes.
What else can I help you with?
What happens if a collection agency sues a person and that person does not show up in court?
They get a default judgment and don't have to argue their case. Even if a person will lose, it's best if they show up and fight it. A judge is less likely to award everything a collection agency is asking for if the person in question shows up and challenges the agency (who will be asking for attorney fees and interest fees that are astronomical). It also helps to show up as collection agencies are not looking to have a long, drawn out court battle with you - they just want their money. If you show up, they will do their best to settle with you. But, they also know that 98% of people never show up so they just get a default judgment. Once they have a judgment, they have the law on their side and can force you to give up the money through wage garnishment and other sorts of unfavorable means. If you are being sued, show up!
What is one who enters by force without permission called?
A person who enters by force without permission is commonly called a trespasser or an intruder.
What is the difference between a lien and a judgment?
A judgment for the most part, is a monetary award. It can be collected in various ways, garnishment of wages and/or bank accounts, is an example. It can, however take the form of a lien. A lien is applied to real property, such as a house. The property cannot be sold, borrowed against or ownership transferred until the debt that created the lien is paid in full. The lien holder can, in some cases force the sale of the property to satisfy the debt. This depends on how the property is titled, Tenants In Common, Joint Tenancy, etc.. A property that is titled Tenancy by the Entirety cannot be sold or have a lien enforced against it, unless there are joint debtors. Both will stay on your CR until they are paid and the SOL expires.
Does a court have the power to force disclosure of confidential patient information?
The court, ultimately, can do whatever it wants. The court system is the final arbiter of all laws and of what is right and what is not. While a court decision may ultimately be appealed up the chain of appellate courts sooner or later the decision the final court makes is the binding law and failure to abide by whatever that decision is would be illegal.
What is it when you cancle a law?
When a law is canceled, it means that the law is officially revoked or annulled, and it no longer has legal force or validity. This can happen through various legal processes, such as legislation or court decisions.
How can you force someone to repay small claims judgment?
You can go back to the court and file another paper to force them ( I forget what it is called. Ask the court. I did it once and it worked.)
Can a house be sold if you default on a car loan?
The lender can obtain a court judgment and a lien can be recorded against your real estate. The property can't be mortgaged or sold without paying the lien. If the debt is large enough the creditor could force a sale of the real estate. You need to check your state laws.
What does Motion to enforce judgment mean?
The Motion to Enforce is a legal filing that requests a court to force someone to obey a previous court ruling.
How to force someone off deed?
To force someone off a deed, you have to take the person to court and file a civil judgment. A judge can remove someone from the deed.
Can a person be force give up right to a life deeds to property?
The only authority that can force a person to relinquish a life estate would be a judge in a court of law.
What does aid in execution mean?
Something in "aid of execution" is a court pleading or action to do something to enforce a court judgment. Enforcing a judgment, whether one for money damages or for eviction, is done by execution on the judgment. A judgment holder on a debt can execute the judgment by attaching the defendant's assets or garnishing salary. One way to force payment is to execute or levy on a defendant's assets. Sometimes the location of those assets is unknown and a court will give the judgment holder the right to bring the defendant in to declare his assets and tell where they are. Not every state will do this. The judgment holder applies for an order to compel the defendant to appear. This in an effort to aid in the execution of the judgment. hence the phrase.
Can residential property be levied to pay a debt?
No levy may be placed on a home or even a garnishment made unless the creditor has obtained a judgment on the debt through a court. The judgment automatically becomes a lien of property the debtor owns. The creditor then attempts to levy on the property threatening to sell it to pay the judgment debt. Some states force a judgment creditor to go after personal assets like bank accounts first before going after real estate. In that way although the lien is there, the levy cannot yet be made.
If a car belonging to an estate not yet settled is given to a non family menber how do you get it back?
If an executor acted in bad faith then you can take the executor to court to force them to repay the value of the car to the estate.
Can a nursing home force the sale of real estate that is part of a life estate?
Generally:The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.Generally:The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.Generally:The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.Generally:The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.
Are we allowed to ask executor of an estate question?
No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.
Can a judgment lien force a sale of real estate if it is in a living will?
A living will is the "pull the plug" medical document. You probably mean a living trust. If so, then it depends on the circumstances surrounding the trust & the lien.
Can the probate court require bank records of an attorney in fact that made himself surviving owner of a joint account thereby reducing the estate going into probate?
Yes. If the court suspects that the attorney in fact is unlawfully avoiding taxes, draining the estate, hiding assets, etc., it can and will force the release of records.
