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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
Can someone put a lien against if they have not won a court case?
In some cases such as tax liens and liens for municipal services no court action is necessary to record a lien. In others such as creditors or awards in law suits, there must be a court judgment to create a valid lien.
What does release of tax lien mean?
Tax liens are usually placed on property creating an encumbrance on the property. The result is that once the property is sold the profits from the sale must first go to satisfied the lien holder with the balance going to the seller. Generally speaking if a tax lien is released then the property, personal or real is free of any attachments.
Tax lien is a public record and all creditors will be notified about the tax debt. If you have a tax lien, you may be not able to make any big purchases. A tax lien may have a negative influence towards your business.
Generally, "release a tax lien" = " resolve your tax debt". Of course, a tax lien can be released automatically within ten years if a new tax lien is not filed. For more information of how to release tax lien, you can check the related links.
Can a joint bank account be levied in New Jersey?
Yes. NJ is not a "debtor friendly" state. The exemptions allowed are very limited. Joint accounts can be seized in their entirety. The nondebtor account holder will need to file a petition in the court for return of his/her funds. The amount would depend on how state statutes govern joint banking accounts.
You can always open up a bank account in NY and so long as the balance is below $1700 no judgment unless by the State/FEDs can touch it.
No, judgments or debt collection procedures cannot be enforced against the debtor's property outside of U.S. borders. Where large debts have been incurred in conjunction with a business, litigation action has been somewhat sucessful in U.S. Commonwealth countries like Puerto Rico.
Yes it can, but only for half of the balance in the account unless you can prove that all the money in the account belongs to the other party. You will need complete documentation and a court hearing to accomplish this. Also, because Florida is a "debtor" state the rules regarding bank executions, wage garnishments and property executions lean heavily to the debtors interests. Disposable income becomes extremely important to you as a debtor and to the creditor.
Salvatore Mattiaccio
President
The Lakeland Group, Inc.
P.O. Box 20
Sparta NJ 07871
(973) 729-2372
If you use a car for collateral for a loan then die who owns the car?
It depends. Did you leave a will? Was there a TOD on the title to your car? Either way, the debt will have to be paid otherwise the lender will being repossession proceedings. The short answr is that until the estate is squared away, the estate owns it. Part of the duties of the personal representative (executor) is to pay off debts, including the vehicle. Once the debt is paid, the car can go to whomever you designated to receive it. Some documents though will say that property will pass with the debt still attached.
How do you place a lien on someone's property who owes you money for storage?
You need to sue them in civil court and win a judgment lien.
You need to sue them in civil court and win a judgment lien.
You need to sue them in civil court and win a judgment lien.
You need to sue them in civil court and win a judgment lien.
Which of these is the best description of a mill levy?
An example of a mill levy would be that it represents the tax dollars for each $1,000 of the value of a property.
What is the minimum amount to place a lien on someone's home?
First to place a lien you should know how to do the procedure.
A lien can be placed on a property for a variety of reasons. If a person is applying for a mortgage or refinancing, he may allow for a lien to be placed on his property to receive the financing. Also, a lien can be placed on property due to unpaid federal and state taxes, unpaid child support, divorce and many other cases in which the debtor does not pay a debt. As with any legal matter, it might be best to consult an attorney, but it's possible to file a lien yourself.
(Answer is from http://www.ehow.com/how_4815511_place-lien-property.html)
2nd, the minimum time depends on local laws and regulations.
Basically, in the common law a lien also remains on the property and it is not extinguished by alienation of the property; liens may be real or equitable.
If there is a lien holder on the title-how do you get him to sign off?
I'd suggest paying him off and then have him sign a quit claim.
Your bankruptcy attorney can help you determine whether or not the special assessment was part of your bankruptcy proceeding.
Any lien that appeared prior to the mortgage that was foreclosed.
Find out who is holding my lien?
Call a title company to run your property. Ask to see what kind of liens are on your property. If it's a mortgage lien, a copy of the trust deed should have a phone number on there.
How can you have lien against you when you don't own property?
A creditor who sues you for a debt can obtain a judgment lien against you that is good for a number of years. It can hold onto that lien until you do own property and then move against you to seize it to satisfy the debt.
Yes, I've no doubt that with appropriate pretendings such could be done.
However, it is no part of a "gift" to do so, so in that sense, you can't "give" someone anything with little strings like that on it. A "gift" implies that you are deciding that you will no longer own it, that another will. Not that you are pretending to give it, while really making sure that you have partial or total control over it.
As there seems to be some trust issues, your best bet is to not go through the very degrading process of blatantly putting a lien on it - which he will know of. Rather, simply loan him the car, and offer him the opportunity to purchase it for real, either by money or service or conducting himself as you please.
How do you make someone pay you wages owed?
You sue them in civil court. You will need to collect as much evidence as possible of your employment and the amount of time you worked.
How do you search liens on restaurant equipment?
In the US you can perform a search in the land records for the property, at the town or county clerk's office and at the state website looking for UCC Financing Statements.
In the US you can perform a search in the land records for the property, at the town or county clerk's office and at the state website looking for UCC Financing Statements.
In the US you can perform a search in the land records for the property, at the town or county clerk's office and at the state website looking for UCC Financing Statements.
In the US you can perform a search in the land records for the property, at the town or county clerk's office and at the state website looking for UCC Financing Statements.
Can you include a mechanics lien in a bankruptcy?
Sure. You have to. It's just a secured lien.
The key here is the word "include." I'll write with the assumption you're the debtor, and that the lien is legally valid. Bankruptcy requires you to list out all your debts, and this is one of them, so you have to put it on there. So, if by "include" you mean list it out in the forms, not only can you include it, you must include it.
But, if you're the debtor, you're probably trying to discharge the debt. That's much trickier. The lien exists under the law of the state where the lien was created, and each state's law is different. You could have a bankruptcy of a person who owned property in three different states, each with a mechanics lien, and get three different results because each lien is effectively a different thing because the law that creates each is different. Usually, however, the effect of a valid mechanics lien is that the contractor is effectively a co-owner of the property, in the same sense that the mortgage bank is a co-owner of the property.
The upshot is that the contractor will likely be paid in full from your equity in the house (in most states only after the mortgage has been satisfied), and you can discharge any overflow unsecured debt that wasn't covered out of your equity in the house.
What is a mechanic's lien waiver?
A mechanic's lien waiver is separate document or provision in another contract, releasing the right to file a mechanic's lien in the future. Lien waivers are usually exchanged for payment for work performed and/or materials supplied in furtherance of a construction project. They are problematic because they are frequently requested prior to the time that the party giving the waiver is being paid. They also often over waive rights, they waive liens AND claims, even though claims were not a part of the discussion (what if you want to be paid on your last pay application, but have an outstanding, unapproved change order. Signing the "lien waiver" to receive the payment that is already due to you MAY waive your right to assert the claim for the change order. They also provide that you are waiving your rights (lien and claim) through the "date hereof" despite the fact that you are likely being paid for work performed 30, 60, 90, maybe 120 days ago, and even then retainage was withheld. So, unless you have propertly modified your waiver, you have over waived your rights. I am an attorney in Ohio, but if you need help outside of Ohio, please feel free to contact me at my email address listed in my profile. I will be happy to help you find a lawyer in your state from my contacts from my participation in American Subcontractors Association Attorney's Council. I have included a link to several articles that I have written for the Builders Exchange Magazine on Mechanic's Liens, Lien Waivers and other construction related topics.
The person who wrote below did a good job in citing the property code but obviously doesn't know how the courts have answered the question. And the answer is yes, yes and yes.
answer in short?? NO, NO, and still NO
http://www.capitol.state.tx.us/statutes/statutes.html TX statutes in general http://www.capitol.state.tx.us/statutes/docs/PR/content/word/pr.005.00.000070.00.doc this the one I quote from PROPERTY CODE CHAPTER 70. MISCELLANEOUS LIENS SUBCHAPTER A. POSSESSORY LIENS Sec. 70.001. WORKER'S LIEN. (a) A worker in this state who by labor repairs an article, including a vehicle, motorboat, vessel, or outboard motor, may retain possession of the article until: (1) the amount due under the contract for the repairs is paid; or (2) if no amount is specified by contract, the reasonable and usual compensation is paid. (b) If a worker relinquishes possession of a motor vehicle, motorboat, vessel, or outboard motor in return for a check, money order, or a credit card transaction on which payment is stopped, has been dishonored because of insufficient funds, no funds or because the drawer or maker of the order or the credit card holder has no account or the account upon which it was drawn or the credit card account has been closed, the lien provided by this section continues to exist and the worker is entitled to possession of the vehicle, motorboat, vessel, or outboard motor until the amount due is paid, unless the vehicle, motorboat, vessel, or outboard motor is possessed by a person who became a bona fide purchaser of the vehicle after a stop payment order was made. A person entitled to possession of property under this subsection is entitled to take possession thereof in accordance with the provisions of Section 9.609, Business & Commerce Code.
(d) The lienholder shall apply the proceeds of a sale under this section to the charges. The lienholder shall pay excess proceeds to the person entitled to them. SALE OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR OUTBOARD MOTOR. (a) A holder of a lien under this subchapter or Chapter 59 on a motor vehicle subject to Chapter 501, Transportation Code, or on a motorboat, vessel, or outboard motor for which a certificate of title is required under Subchapter B, Chapter 31, Parks and Wildlife Code, as amended, who retains possession of the motor vehicle, motorboat, vessel, or outboard motor for 30 days after the day that the charges accrue shall give written notice to the owner and each holder of a lien recorded on the certificate of title. If the motor vehicle, motorboat, vessel, or outboard motor is registered outside this state, the holder of a lien under this subchapter who retains possession during that period shall give notice to the last known registered owner and each lienholder of record. (b) Except as provided by Subsection (c), the notice must be sent by certified mail with return receipt requested and must include the amount of the charges and a request for payment. (c) The notice may be given by publishing the notice once in a newspaper of general circulation in the county in which the motor vehicle, motorboat, vessel, or outboard motor is stored if: (1) the holder of the lien submits a written request by certified mail, return receipt requested, to the governmental entity with which the motor vehicle, motorboat, vessel, or outboard motor is registered requesting information relating to the identity of the last known registered owner and any lienholder of record; (f) If the charges are not paid before the 31st day after the day that the notice is mailed or published, as applicable, the lienholder may sell the motor vehicle, motorboat, vessel, or outboard motor at a public sale and apply the proceeds to the charges. The lienholder shall pay excess proceeds to the person entitled to them. UNCLAIMED EXCESS. (a) If a person entitled to excess proceeds under this subchapter is not known or has moved from this state or the county in which the lien accrued, the person holding the excess shall pay it to the county treasurer of the county in which the lien accrued. The treasurer shall issue the person a receipt for the payment. (b) If the person entitled to the excess does not claim it before two years after the day it is paid to the treasurer, the excess becomes a part of the county's general fund.
Sec. 70.008. ATTORNEY'S FEES. The court in a suit concerning possession of a motor vehicle, motorboat, vessel, or outboard motor and a debt due on it may award reasonable attorney's fees to the prevailing party.
YES, who spread that rumor? LOL
Texas is a no garnishment state. Therefore they cannot garnish your wages for any reason.
If the creditors sue you for unpaid balance they can put a lien on your home if it is in your name.
Can a lien be placed on a house that is in a trust in Massachusetts?
If there were improvements made on the home or a loan taken out against the property, and they person/company goes through the proper steps, yes. The property being in trust does not affect that ability.
Can I file a lien against a renter who is behind 1600 plus damages to the house?
You can't "file a lien" because someone didn't pay rent. You need to first sue him, in housing court or small claims court, for rent owed and damage done, in order to obtain a judgmentagainst him for a money amount.
You then have a choice to make. If he owns a house, put a lien on it. In many states you go to the registry of deeds for the county in which your ex-tenants house is. In some states you go to an official called a prothonotary - same courthouse. If in doubt, ask at your nearest courthouse.
Failing this, you could get the Sheriff to distrain (i.e. seize) some of his goods, usually starting with his car unless he has a loan that is secured on it. WARNING. You will have to pay the Sheriff, up front, to do this. If the renter has nothing worth seizing, you will be out the Sheriffs fees as well.
Of course, if he happens to own a new HOG or a medium sized yacht, go see an attorney.
One last ray of hope - if you get a judgment and he doesn't pay, that goes on his credit record as an unsatisfied judgment (often abbreviated to CCJ ). With this on his record, there are things that he can't do; one of them is get a mortgage. Many a man has paid all his debts so he can buy a house of his own.
About Tenants has a couple articles that provide guidance on this topic. The website is http://www.abouttenants.com/ and then select "articles" from the left sidebar.
