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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 a lien put on a joint safe deposit box?

Yes, a lien can be placed on a joint safe deposit box, but the specific rules may vary depending on state laws and the policies of the financial institution holding the box. Generally, if one owner has outstanding debts, creditors may seek to claim the contents of the box to satisfy those debts. However, the other joint owner may have legal protections, and access to the box might be restricted until the lien is resolved. It's advisable to consult a legal expert for specific circumstances.

How long does a mechanics lien last in South Carolina?

A mechanics lein is on the property and it can last till the property is sold or the lein is paid.

Can a bank put a lien on your house if you do not pay off a personal line of credit?

If the "line of credit' is in the form of a mortgage recorded in the land records then the lender can foreclose and take possession of the property. If it's not a mortgage then the creditor can seek a court judgment and if successful can then record a lien against your property. The property can't be mortgaged or sold until the lien is paid. If not paid and if the lien is for a substantial amount the creditor can sieze the property and sell it in most jurisdictions.

Can a car be repossessed from your covered parking stall in apartment complex?

Yes. Your car can be repossed from anywhere but locked garage. The repossesion team cannot break in to a garage or other locked building. But they can still retrieve it, by serving you with papers to release the car. Keep in mind, the bank or finance company that gave you the loan for your car actually owns your car; you do not really own it. If you do not pay your loan payments and are threatened with repossesion, they have every right to get that car from you, even as it is sitting in front of your apartment, which is ostensibly private property. A friend of mine once had his car repossesed from outside his workplace while he was at work; he had to bum a ride home.

Can you refinance with a child support lien?

You must pay off the lien. The bank will insist it be paid off from the proceeds of the loan. The child support lien has superiority over any subsequent mortgage. The lender must make certain it is paid before handing any money over to the child support delinquent.

If a vehicle is on a chapter 7 will the lien holder come and get it?

They cannot so long as the Bankruptcy is active. As long as Bankruptcy procedings continue, you and your property are protected by the automatic stay. Lenders cannot move to secure collateral until after the stay is lifted when the BK is discharged or dismissed. Once this has occurred, if the payments are not current on the vehicle and it was not reaffirmed in the BK, then the lender may take what means are necessary to secure their colateral. If the property was included in the BK, the trustee will have you make arrangements to turn the vehicle over.

Can a creditor take your house for an outstanding debt if you are on disability?

In almost every US state and in most circumstances a creditor can execute a judgment as a lien against real property, perfect the lien and then request the court to order a forced sale of a primary residence. In the majority of situations the homestead exemption protects a primary residence from a forced sale. Even if when the homestead exemption does not provide adequate protection it is extremely rare for a creditor to attempt the action and very unusual for the court to grant a forced sale. A home that is jointly owned by a married couple as Tenancy By The Entirety cannot be attached by a creditor judgment if only one spouse is the debtor. All disability benefits are exempt from creditor garnishment under federal and/or state law. To assure there is not garnishment/or levy possible, disability benefits should not be commingled with other funds deposited in checking or savings accounts.

What a lawsuit lien?

They put a partial claim on a peice of property like a car or house that must be satisfied when sold to obtain clear title. For example a finance co has a lien on your car until you've paid them off.

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 issuer place a lien on your house if you are not paying at their rate in Virginia?

If you mean, not paying at least the minimal amount required by the lending agreement, then yes, a creditor can pursue litigation against the debtor. If awarded a judgment in most cases can use it as a lien against real property that the debtor owns. It is a myth that as long as a debtor makes some type of payment and the lender accepts it that the lender cannot refer the account to collections or file a lawsuit.

Can you file a lien against someone if they owe you money but you have no contract between you?

Yes. If you provided goods or services to a person (and are duly licensed to provide goods/services in your state) you may file a lien against the person's property. The lien amount would be determined under the doctrine of quantum meruit. If the debt is not the result of unpaid goods or services, you may sue the person who owes you money. If you won your lawsuit, the judgment entered would constitute a lien against their property. In either case, you should contact an attorney in your area prior to taking any action.

Do mechanics lien waiver need to be notarized in Colorado?

The lien will be "notarized" (rendered enforceable), when it is filed with the clerk of the court that holds jurisdiction in such matters.

What is the definition of personnel in condo association law?

Generally, unless specifically defined elsewhere, personnel in this context covers persons who are in the employ of the condominium association.

It may also cover personnel who work for the management company.


Generally, it does not cover, and may specifically exclude, volunteer board members or committee members.

What if you paid the lien but the lien holder won't sign the lien satisfaction?

You should visit the court that issued the judgment lien and ask about obtaining a court order against the creditor for refusing to release the lien. You should take proof that you paid the lien with you as evidence.

You should visit the court that issued the judgment lien and ask about obtaining a court order against the creditor for refusing to release the lien. You should take proof that you paid the lien with you as evidence.

You should visit the court that issued the judgment lien and ask about obtaining a court order against the creditor for refusing to release the lien. You should take proof that you paid the lien with you as evidence.

You should visit the court that issued the judgment lien and ask about obtaining a court order against the creditor for refusing to release the lien. You should take proof that you paid the lien with you as evidence.

Can a third party debt collector collect on a debt over 9 yrs old if 1 small payment was made?

Your original debt was with the original creditor. Research the Fair Debt Collections Act. It will protect you against these creditors or if not call me and I will provide you information on a weekly conference call where you can find out your rights and ask questions.

What are your rights in California after your car has been repossessed?

there are many and not listed in one place, start here. CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS 400 R Street Sacramento, CA 95814 (800) 952-5210 (916) 445-1254 TDD: (916) 322-1700 email: dca@dca.ca.gov

If a judgment was included in a bankruptcy can it be a lien against land purchased ten years later?

In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.

Can a creditor force you to sell your car?

If the creditor wins a lawsuit judgment against the debtor he may be able to execute it against a vehicle belonging to the debtor defendant. States establish vehicle exemption which are to be used to prevent a forced sale by a judgment creditor. Judgment creditors however rarely take such action, as the seizure and sale of a vehicle is complicated and seldom worth the effort needed. Creditors prefer to execute a judgment as wage garnishment, bank account levy or a lien against real property as means to recover debts owed.

How can you collect on a loan when the person won't answer requests for payments?

Most personal loans made between individuals when the terms are not adhered to become matters for small claims action (depending upon the amount of the loan and the laws of the state where the defendant lives). Small claims court is a simple and relative inexpensive procedure to recover debt owed. The person owed the debt (plaintiff) must be able to prove to the judge that such a transaction occurred. In small claims court this is simple to document, as the lender only need show by a preponderance of evidence that the the funds were a loan and there was an agreement for repayment.

Can a collection agency put a lien on your property in the state of Ohio?

Only courts can do that. If a collection agency wants the power to put a lien on, they have to sue you.

Look into Federal Trade Commission and Ohio law via Google.

You have more protection than you imagine. For example, you can write to a collection agency and tell them to stop contacting you and they must stop. If you are willing to take their calls, they must call at reasonable times, no more than daily and they can't threaten you with any action they don't really intend to take, e.g. suing you for a small debt.