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.
No debts can be added after discharge.
I disagree with Nate. As long as the debts that were missed were incurred prior to the original filing date of the Chapter 7, then the debtor can reopen the bankruptcy case (the Court charges a $155 reopen fee as of today's date) plus the debtor will probably have to pay their attorney additional fees to do the work. Once the case is reopened, the debtor then amends his or her Schedule F (the Court currently charges $26 for added creditors) and adds on the missed creditors.
It should be noted that this does NOT work in Chapter 13 cases. Creditors missed in Chapter 13 cases are normally never discharged.
Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How do you perfect a Mechanic's Lien?
"Perfecting" a mechanic's lien is a multi-step process that varies from state to state. Mechanic's liens laws are created by statute. Each state has its own set of statutes. Even though some states may have similar statutes to other states, the courts then construe the statutes to determine what the legislature meant when they passed the statutes and, of course, courts vary widely on their decisions. I am an attorney in Cleveland, Ohio. A large part of my practice is mechanic's liens. In Ohio, the process, from the lien claimant's perspective, starts with the service of a Notice of Furnishing. Next, assuming that you haven't already waived your lien rights by recklessly signing lien waivers with the payments that you may have received, the lien is prepared and filed with the County Recorder. The next step is technically the PERFECTION step. In Ohio, after the lien has been filed it must be served on the project owner within 30 days. Service can be completed by several different methods, the most common of which is sending it via certified mail. It may also be served by over night courier Sheriff or another process server, essentially any way that returns a signed receipt. If it cannot be served within that 30 day period, there is an additional 10 day period to perfect the lien by posting it on the project. This is a seldom used step. Mechanic's lien laws are usually strictly construed, so you need to complete each step perfectly. I recommend that if you don't know what you are doing, that you find a local attorney THAT KNOWS HOW TO FILE MECHANIC'S LIEN (all attorneys are not equal and the cheapest is not always the best). I am a past Chair of the American Subcontractors Association Attorneys Council which has given me great contacts across the country. If you would like to find an attorney that can help you do this, please feel free to contact me via email (in my profile). I will be happy to locate an attorney in your state to help you (of course I do NOT charge for that) I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw.com/bx/resources.php . You may also find it useful to review your state's statutes. Here is a link to Ohio's Mechanic's Lien Statute. http://codes.ohio.gov/orc/1311 . I hope that this helps.
Does the co-sugnor meet these requirements??? http://assembly.state.ny.us/leg/?cl=122&a=72 Section 9--605. Unknown Debtor or Secondary Obligor. A secured party does not owe a duty based on its status as secured party: (a) to a person that is a debtor or obligor, unless the secured party knows: (1) that the person is a debtor or obligor; (2) the identity of the person; and (3) how to communicate with the person; or (b) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (1) that the person is a debtor; and (2) the identity of the person.
Can someone come onto a private driveway and repossess a car in the state of Ohio?
YES, if there is no breach of peace
What is the law in Alabama concerning a totaled vehicle?
What exactly are you wanting to know? Most states require a vehicle that has been deemed a total loss to have a salvage title, some states will allow this title to be returned to a 'clean' status after full repairs and inspection by the correct authority for that state, (my state is the Hwy. Patrol)... Generally the owner has the option to retain salvage (for a fee) or allow the paying insurance company to obtain it. If this didn't answer your question please be more specific, and I will do my best to assist you.
Can you go to jail for not returning a vehicle on reposession list?
If the car doesn't belong to you and you refuse to return it, well, that's stealing. What can happen to people who steal?
Can a finance company use GPS to repossess a car?
Yes, if the car carries a GPS+GSM or some other combination of the GPS and communication device which make possible to send a current location data (on request or periodically) to the company to find it.
Will you lose your car in Chapter 7 bankruptcy if car is paid for?
If you own your car then you'll be able to keep it if its value falls under your state's vehicle exemption amount. The state exemptions vary widely and some use the federal exemption. The federal bankruptcy exemptions allow you to exempt up to $3,675 of equity in your car.
Hang up. Don't worry about it. You ain't that person. His problems aren't yours.
Does Montana require 2 license plates on a vehicle?
WHATEVER state you live in - if the state issues two license plates you will be required to display both of them! One of them on the front - one on the rear!
Is there any law or ordinance in Missouri against someone hiding their vehicle from the repo man?
Stealing and Related Offenses Section 570.180 Defrauding secured creditors. 570.180. 1. A person commits the crime of defrauding secured creditors if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with purpose to defraud the holder of the security interest. 2. Defrauding secured creditors is a class A misdemeanor unless the amount remaining to be paid on the secured debt, including interest, is five hundred dollars or more, in which case defrauding secured creditors is a class D felony. (a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail; (d) It is a class D felony if the maximum term of imprisonment is less than ten years; Chapter 557 General Sentencing Provisions Section 557.021
Should you surrender your car to the lender before or after bankruptcy?
According to the contract you signed when you bought the car, you should surrender it any time you are in default. Sooo, what difference does a day, a few days or a month make? The UCC in every state says the lender can demand the debtor make the collateral available to be picked up after default. Hahahaa , never happens. ANSWER?? TODAY.
The question cannot be answered without speculation. The only way to find out what the lender would be "willing" to do is to contact them and negotiate a deal. When you filed for bankruptcy, you should have filed a document called a Debtor's Statement of Intention. You have 3 and sometimes 4 options: (1) return the vehicle; (2) reaffirm the debt and keep the vehicle by making the payments; and (3) redeem the vehicle by making a cash purchase for the fair market value (even if less than the amount owed). Some jurisdictions have a fourth option that allows you to simply keep the vehicle and make the payments without reaffirming the debt. If you kept the vehicle and failed to make payments, they would have every right to repossess the vehicle. They just couldn't go after you for the deficiency balance after selling it at auction. If you offered them enough money, they might be willing to you purchase the vehicle now.
What are the vehicle repossession laws in Arkansas?
Vehicle repossession laws in Arkansas is the same there as it is in every other state. One must pay his loans or risk facing legal action from the one that one has borrowed from.
How do you get your property when uhaul repos their truck?
Pay UHaul what you owe them including the storage costs associated with the items left in t he truck.
Another View: U-Haul can file a lien against you for the unpaid rental but they are not legally permitted to hold your possessions 'hostage' for the payment of their fees. If they refuse to turn over your property, go to the local law enforcement agency, report the matter and request they accompany you to the U-Haul facility to recover your personal property. Be aware, however, they may be entitled to add 'storage' charges to the bill.
If there is no equity in the car (it is worth as much or less than the payoff price), and the payments are current, no. If there is equity, since your daughter is not entitled to your exemption, someone will have to pay half of the equity to the trustee.
Can the police return vehicle when mechanics lien exists?
Generally, not legally. The mechanic's lien is a civil matter. Law enforcement may not involve themselves in civil matters. The only way to remove a mechanic's lien is to pay the amount owed, and have the lien holder relase it.
You would need to speak with your attorney about that. There is the issue of whether it was legal, and also whether you can prove it.
Gina, if the repoman picks it up. its a REPO. Ya cant hide the car in a repair shop.
What is the law on moving out in North Carolina at 17 without permission?
if you have your own vehicle, have a job, have roomates, you might be able to get emancipated. a judge that does emacipation would determine that. but you have to call a court clerk and found out how much and set a date for the hearing. take all your documentation that you can leave your parents and make it on your own. character witness would help on you day in court . if you don't have your own vehicle, job, set up for residence, you could be forced to go back home by youth court. when i left at 17, i didn't have any problems with my parents. i started working at 15 everyday after school. didn't get into trouble with the law and finished school.
Generally a policeman will not call you out of the blue like that; you may demand to see his warrant, and call a policeman yourself to report possible fraud and/or theft and/or impersonation of a policeman. If you receive the call on your landline or mobile telephone and you have caller ID, and the number is displayed, record the number. Repossessors generally cannot obtain warrants. Only prosecutors may obtain warrants. Repossessors however may seize your car without a warrant if you have genuinely fallen behind on your payments. However repossessors cannot misrepresent themselves as law enforcement personnel. Therefore, because the law prohibits people from impersonating police officers, no, a repoman cannot do what he has stated in your example. He may only seize the car without warning. However you may have an advantage as this may give you time to contact law enforcement and/or legal counsel and/or local prosecutors yourself.
When is a mechanics lien removed from real property?
Usually after a suitable release is filed in the property records. A release is obtained either from the lien-holder when the debt has been satisfied or by a court order (e.g., invalid or otherwise bogus liens).
When asked what does equal opportunities means in a job interview what should one give?
Answer
When presented with the question of equal opportunities I've always taken that to mean that a woman and man get paid the same amout of money for doing the same job and in my particular case I did see such a case. I was a Union Shop Steward and there was this one lady working on a machine operated by both men and women. She wanted a raise based upon the fact that her output was greater than the men in her department doing the same job. Before taking her request to management I had to investigate her claims.
Turned out that indeed her output was greater than the men around her, but she wasn't doing the job as it was described in her agenda. She wasn't carrying 20ft long rods from a bar rack to her machine, she wasn't strong enough so the same men she complained about as not doing their fair share of the work load were actually carrying her rods to the machine and each hour to an hour and a half 5 gallons of oil had to poured into her machine as she was cutting metal so the metal can't get hot or it burrs. At any rate, her request for a raise had to be turned down until she could do all of what her job description called for. As far as I know she never did get the raise, but anyone who can do the same job as the man next to her can do on her own deserves to be paid the same amout of money and have the same benifits.