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What else can I help you with?
Does a debt collection agency have to go to court to collect?
Yes, a creditor/collection agency must obtain a writ of judgment from the civil court in the state where the debtor resides before any action can be taken against the debtor's property. The debtor will receive a final notice of judgment and be given a specified time to claim all exempted property from judgment action.
If you have a judgment and after 7 years it's off your credit does that mean that the creditor can't put a lien on any of your property?
I don't know if the laws are the same everywhere, but we had to get a judgment against someone and had a lien placed on his house. We were told that if we went back to court before the 7 years were up we could get another judgment against him and keep the lien in place. He's had a lien on his home for over 10 years now -- and until he pays his debt or the law changes we'll keep going back to court. Of course, he owes us a LOT of money. A judgment has to be renewed by the plaintiff at set intervals, determined by law. You can find the SOL relative to judgments for your state, and if the statute has expired, contact the court to see if the judgment has been renewed by the plaintiff. If not, they can't collect.
How do you get a judgment put on someone's credit report?
Individuals cannot "put" something on someone else's credit report. Judgments are part of the public record, and as such, are the subject of routine searches by individuals who re-sell this type of information to Credit Reporting Agencies. So, if you were the prevailing party in a judgment, you can be relatively certain the judgment will find it's way onto the defendants credit. In most states, a judgment must be recorded twice to ensure that it attachs to any real property owned by the defendant.
How do you get an outstanding judgment placed on someone's credit report?
Placing JudgmentsFirst you need to win the judgment in court proceedings. Then with that paperwork, you can contact the credit reporting agency. With that judgment, you can also do a search of the person's assets (through the internet) and put a lien on the assets.Individuals do not report judgment awards to credit reporting bureaus that is done by independent agencies contracted by the credit bureaus.A judgment cannot be used to access a person's financial and personal information, that is done via discovery documents issued before the judgment is entered against the debtor/defendant.
What are the 5 protections given by the 5th admendment?
The Fifth Amendment provides five protections: the right to a grand jury, protection against double jeopardy, the right against self-incrimination, due process of law before being deprived of life, liberty, or property, and protection against government seizure of private property without just compensation.
Why should a judgment be paid if it cannot be removed from a credit report before seven years have expired?
Short answer, a valid judgment can be executed against the debtor's non exempt property at any time. A judgment that has been perfected as a lien against real property is more likely to be implemented as a forced sale of the property in question. And a judgment accrues interest until it is paid or satisfied with the judgment creditor.
Can you sale property if an heir has a judgment against them?
Yes, a property can still be sold even if an heir has a judgment against them, but the judgment may create complications. The judgment could result in a lien on the property, which must be addressed before or during the sale process. It's advisable to consult with a legal professional to understand the implications and ensure that all debts are settled appropriately to avoid potential issues with the sale.
Does a credit card have to be charged off when a judgment is granted?
An account is charged off before a judgment. The judgment creditor can execute the judgment against non-exempt property belonging to the debtor as a means to recover monies owed. The preferred method is wage garnishment followed by bank account levy or a lien against real property. It is also possible for the creditor to seize and sell other personal property belonging to the debtor, but creditors are generally reluctant to take such action.
Can you place a lien on property held as joint tenant for value of inheritance that they agreed to purchase at time of inheritance?
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.
Will a judgment show up at title insurance search?
Yes, a judgment can show up in a title insurance search. Title searches typically include a review of public records, which often reveal any liens or judgments against the property owner. If a judgment has been filed against the owner and is attached to the property, it may affect the title and could need to be resolved before a clear title can be issued.
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
Can a creditor get a judgment against you before the court date?
no
Can a judgment affect sale of house?
Yes, a judgment can affect the sale of a house. If a property owner has a judgment against them, it may result in a lien being placed on the property, making it difficult to sell until the judgment is resolved. Potential buyers may be deterred by the encumbrance or may require the seller to clear the judgment before completing the sale. Additionally, unresolved judgments can impact the seller's creditworthiness and ability to obtain financing for the sale.
Can you put a lien on property owned by your brother and you?
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
Do you get a court order letter if you get a judgment against you?
You will be served with a court order if there is a judgment against you. But long before that you would have been notified of the court proceeding.
Are you responsible for a spouse's debt before marriage?
No. However, if a creditor sues the debtor and wins a judgment, in most cases the judgment can be executed against joint marital property, such as bank accounts. Therefore, a new spouse can be affected by the premarital debts of their partner.
If your wife is sued for something that happened before you were married can a judgment be made against your assets in N.C.?
It would be possible for a judgment creditor to levy a marital bank account that was held as joint tenants. The non-debtor spouse would be responsible for submitting proof to the court the amount of funds which belonged to them. Likewise if the couple have jointly owned property a judgment creditor would be able to place a lien against the debtor's share, but a forced sale of said property would not be possible. What would determine if such action is possible is how the property is titled.
