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A judgment creditor may still execute the writ against property that is encumbered by lien(s). However, the existing liens take precedence when it relates to payment of such debt. That being the case it is unlikely that a judgment creditor would take such action.

In a case where the property in question is part of the estate of the deceased, the probate laws of the state in which the deceased resided apply. Real property becomes part of the deceased estate and creditors must file a claim with the probate court seeking payment from the estate itself.

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Q: Can a credit card company go after a car of the deceased person if there is already a lien against it?
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Related questions

Who should you call if a credit card company listed you as deceased on your credit report?

You should call the credit card company.


Can a credit card company sue after a person dies?

If the deceased was the sole account holder the CC will need to file a claim against the deceased's estate with the probate court in the state of residency at the time of the person's death.


Who is responsible for a deceased person credit card?

Bank's Insurance company


Can a credit card company collect from a deceased persons parents?

Not unless they were guarantors of the debt.


Can a credit card judgment against a deceased person be enforced upon widow?

Legal issues are different depending on the jurisdiction.Debts against a deceased person are, usually, levied against the estate of the deceased. If the debt is a joint debt with the widow then the widow will be liable.Consult a lawyer in your area about this.


Can a surviving spouse use her deceased husbands credit card?

Only if she is also on the account. If not, then absolutely not. You can get yourself in a heap of trouble by using the credit card of a deceased person. You must notify the credit card company of the death and close that account.


Is it against the law to use a deceased person's credit card?

Yes, it is illegal, it is basically identity theft.


If a credit card company has already set a court date against you can you still file bankruptcy?

Absolutely, you can send the notice of bankruptcy filing to the court and you will not have to attend.


How to find out if I am joint account on my deceased wife credit card?

Just call the credit card company and explain the circumstances. I am sure they will help you and direct you appropriately. I am sorry for your loss.


What company has a good plan on business credit cards.?

I had a good business credit cad from Capital one. Otherwise it is always a good idea to get credit cards from the same bank your company already uses.


Estate insolvent cannot pay credit card debt affect on heir's credit history or tier score?

It does not. The debt belongs to the deceased. If the estate cannot settle the account, the credit card company is not going to get paid.


What if person uses deceased persons credit cards?

The use of a deceased person's credit card would constitute credit card fraud. Unlawful use of a credit card is a criminal offense.