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Liens
The right of a creditor to sell collateral property when a debtor defaults on their loan
2,139 Questions
To answer this question, I need to make the assumption the judgment in question is against the individual, who just happens to be employed by the Non Profit as its Director (executive director or merely a person on the Board?), and is for his or her personal debt. I also add the caveat that I am making the leap of faith that this would also be good law in your state, I am an Ohio attorney and am answering based on Ohio's laws. While Ohio's law on this topic is pretty mainstream, your state may be different, however unlikely that that seems.
It sounds like the only relationship that the Non Profit has to this debt is the fact that the debtor is an employee. The Non Profit would not be liable for the personal debts of its employee unless it guaranteed the payment or collection of the debt in writing. If it did, which would be unusual, you would then have to sue the Non Profit on that written guarantee.
One possibility is that if the individual is the employee ("executive director" rather than volunteer Board member "Director"), you may be able to garnish his or her wages paid by the Non Profit, or any other employer, for that matter. Your state may require that you have a lawyer handle the garnishment. You should also check to see what the usual court is that people use for collection purposes in your area. Here in Cleveland, even though you may have gotten a judgment in Common Pleas Court, most people transfer the judgment to the Municipal Court because people feel that that court is better equipped to handle the collection procedures. Ohio permits you to hold a "debtor's examination" to identify the debotrs assets. If you can do that in your state you will want to find out all of their banking information, real and personal property he or she owns, including any intangible property, such as stocks and possibly notes. The Non Profit may owe the Director money from current or past wages, or may owe the Director reimbursable funds for money loaned or advanced to the Non Profit.
Also, a non profit has "members" rather than "shareholders" as a for profit does. For Profit shares are an asset which could be seized by the court and sold to satisfy all or part of the debt. Non profit members have no such asset to be seized and sold, nor do they have any ownership rights in the assets of the Non Profit. Here, if a non profit goes out of business, the assets are not to be distributed to the members, but transferred to another non profit.
Check with a lawyer in your state, but it is unlikely that the Non Profit can be held liable for the debts of another. You may be able to get free legal advice from your local bar association referral service. Frequently, lawyers on the referral list agree to give a free initial consultation. Call your local bar association, ask for the referral service and ask them whether they have such an arrangement.
What are rights as a leinholder on an automobile?
Varying laws in the various states. You need to research this, regarding several things; Are you the primary lienholder, or one of several lienholders? Is there a legally enforceable contract for loan and repayment? Have you given the debtor sufficient notice to repay the debt? Etc.
What are your rights in dealing with a collection agency?
According to the "Fair Debt Collection Practices Act", a collection agency must submit to you in writing who the original creditor was, the original creditors contact information (if account was sold who owns the account now), and the amount owed. After you request this information, they must send the information to you via letter. You also have rights that state the collection agency must not threaten you in any way. If they do, you can prosecute.
Additional Iformation
You have rights, but you are still responsible for your debts. If you refuse to pay the debt, whether you think you have a valid reason or not, the collection agency has a right to get a judgment and garnish your wages or bank accounts. Having had something repossessed does not mean that it was "taken care of." It was your responsibility to make sure your name was cleared rather than just assuming that it was. If the furniture had decreased in value from normal wear and tear, it is very likely that you owed more on it than it was worth at the time it was repossessed.
Most collection agencies train their employees in collection laws and they know what they're doing. Nobody likes a bill collector, but we all know that they're necessary.
Clarification: Of course, only the original creditor or their assigned legal agent (a lawyer, NOT a collection agency) can get a judgement against you. A non-lawyer collection agency can NOT get a judgement against you because they cannot threaten to sue you. Read the Fair Debt Collection Practices Act which you can get from the Federal Website (see links below). If something was repossessed, and someone is still trying to collect on it, check with a lawyer. The circumstances vary too much to be answered here without getting bogged down and missing the point of the original question.
Remember, while collectors train their people in the law of collection, they also teach them how to skirt the laws that they think people are unfamiliar with.
Individual States
Each state has a statute of limitations (SOL) for debts incurred. If your debt is outside the SOL then you are not legally required to pay it. Period. A debt outside the SOL is an affirmative defense in a lawsuit.
Rights are retained in writing only. Do not settle for telephonic exchanges, decisions, or promises. Some states, particularly Ohio, have more severe rules regarding violations of the FDCPA.
Do not ignore the DC or the dunning letters. Some DCs follow the law, but your are responsible to ensure any contact with a DC is lawful. If they violate your rights, they sure won't sue themselves over it.
When dealing with collections agencies, make sure you are familiar with the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA), at minimum.
What can you do if your car has been repossessed twice and they want you to pay the entire balance?
u have no choice now. What state?
Sounds like a "theft by deception" if owner took the money and then claims it was never "sold". If you don't get all of your money back, or title to the vehicle, call the police or go to the local courthouse and file a theft complaint.
Can states put a lien on your property to collect tax money?
Yes, and if you don't satisfy the lien within the prescribed period, the tax assessor can even "take" the property with a tax deed and "give" it to the state to auction to the public.
Generally, yes, a person can sell property to whomever wants to buy it, and it often the only way to pay off a judgment against them.
Even a lis pendens attached to the property itself does not prevent the owner from selling it, as long as the buyer is willing to take the purchase subject to the results of the pending lawsuit.
Can a debt collector put a lien on your car if it is registered to your spouse?
No, if it is your debt only and your name is not on the car. Unless you used the car for collateral for a loan, they can't put a "lien" on it anyway.
Can a federal tax lien be removed after payment in full?
Yes the IRS is supposed to do this but if they do not do it you can use the below information for this purpose.
Go to the IRS.gov web site and use the search box for Publication 1450 Instructions on How to Request a Certificate of Release of Federal Tax Lien go to page 2 for the below information.
Section 6325(a) of the Internal Revenue Code directs us to release a Federal Tax Lien after a tax liability becomes fully paid or legally unenforceable. We also
must release a lien when we accept a bond for payment of the tax. If we haven't released the lien within 30 days, you can ask for a Certificate of Release of Federal Tax Lien.
Requesting a Copy of the Certificate
If you have paid the tax you owed and have not received a copy of the Certificate of Release of Federal Tax Lien, you may call 1-800-913-6050.
If you prefer to write, see page 2 for the address to which your request should be mailed or faxed.
Click on the below related link
Can a lien holder be given a quitclaim deed from the owner?
Yes the owner of the property may give the lien holder a quitclaim deed if they are unable to pay the note and wish to forfeit the property. This is often done to avoid forclosure.
How do you know when your house is in foreclosure?
You will be informed by the mortgage company or bank.
In the state of Florida how can a lien for back child support against Supplemental Security Income?
In the state of Florida how can a lien for back child support against Supplemental Security Income?
NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.
NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.
NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.
NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.
You should contact (visit) the court where the probate is filed immediately and file a claim along with some proof of the arrears. Your best chance is to file a claim in the estate before the inheritance is paid out.
You should contact (visit) the court where the probate is filed immediately and file a claim along with some proof of the arrears. Your best chance is to file a claim in the estate before the inheritance is paid out.
You should contact (visit) the court where the probate is filed immediately and file a claim along with some proof of the arrears. Your best chance is to file a claim in the estate before the inheritance is paid out.
You should contact (visit) the court where the probate is filed immediately and file a claim along with some proof of the arrears. Your best chance is to file a claim in the estate before the inheritance is paid out.
You need to state your case before a judge and get a judgment in your favor in order to obtain a judgment lien against another party. You have no power to place a lien on anyone's property.
What to do about a husband of 25 years who is still jealous of a past 15 years ago issue?
I would suggest he go to counselling and offer to accompany him.
Can you place a lien on a car left on your property?
Abanndoned cars can be retitled into your name after a "select" period of time that varies from state to state. After its in your name you would as any other car.
Do you have to file attorneys lien in Virginia?
If you are an attorney, and you hold a client's property in lieu of payment, then you file an attorneys lien until you have been paid for your services.
Since you chose the association's category for your question, it's possible that what you really want to know is this: Do you need an attorney to file a lien in Virginia?
A condominium association files a lien against a unit owner for unpaid assessments or other monies owed. Yes, generally, best practices indicate that the services of an attorney are used in this process, to proceed legally.
Generally, it can only take the interest of the debtor and not the co-owner. In the case of married couples, Tenancy by the Entirety property is fully exempt from creditors of one spouse and property owned by married couples is assumed to be held as tenants by the entirety.
What is judgment debt on property?
If someone has taken you to court and won a money judement in their favor the court will issue a judgment lien that can be recorded in the land records against your real property. You cannot sell or refinance your property until the lien is paid. The lien affects any property you may own. If you have no real property the sheriff can sieze any personal property you own in order to satisfy the lien.
When buying a used boat how do you do a lien search?
If you are trying to see if the current owner still has a payoff on the vehicle, it will say on the title. If it is a free and clear title then the original lien holder has to sign off on the title. Some states have a title and a form called a lien release. What state do you live in?
Yes, see links below
Can a life estate stop liens from being effective on a house that's paid for?
No. However, it depends on the type of liens. Liens against the fee owner can be recorded but may be subject to the life estate. Property tax liens take effect in spite of a life estate. You need to be more specific as to the type of lien and who is the debtor.
No. However, it depends on the type of liens. Liens against the fee owner can be recorded but may be subject to the life estate. Property tax liens take effect in spite of a life estate. You need to be more specific as to the type of lien and who is the debtor.
No. However, it depends on the type of liens. Liens against the fee owner can be recorded but may be subject to the life estate. Property tax liens take effect in spite of a life estate. You need to be more specific as to the type of lien and who is the debtor.
No. However, it depends on the type of liens. Liens against the fee owner can be recorded but may be subject to the life estate. Property tax liens take effect in spite of a life estate. You need to be more specific as to the type of lien and who is the debtor.
