After judgment can they take my property?
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- čas přidán 11. 07. 2024
- There is not a rule that a person who loses a lawsuit must pay the creditor the amount of the judgment. Therefore most creditors realize that this won't happen easily and they then begin a process of searching for non-exempt assets to take and sell to satisfy or pay the judgment.
In this video Michelle reviews the types of ownership that apply to real property, the considerations a creditor makes to determine whether to pursue enforcement of a money judgment against your real property and the factors that would make a creditor not pursue this option.
Nice short video. Although I know most of what you are saying, one thing you said is indeed very interesting -- that the defendant can sell the house during the trial (context: prepare for payout!). That can save a whole lot of headache than to deal with post-judgement liens. As long as the badge of fraud is avoided, that was a great tip.
The fraud is e.g. lowrider
Hi. I'm one of those big, bad creditors in North Carolina. I have a money judgment against a previous tenant, and I'm trying to collect. I sent the exemption notice/form a few days ago and am waiting for the 20 days to pass. If I file the writ of execution in a couple weeks and the sheriff finds that the defendant has no possessions to seize, is it too late for me to then send interrogatories/request for production to discover and go after bank accounts/income streams?
HI @Jason You would have to read the applicable rules to see if the alternatives are either/or etc.
Hi there great video thanks for sharing
I have a question
If i have a judgment money amd the plummer knows my rental property adrees can he foreclosure my rental property with out getting a chamce for mee to put it in the market with a realtor .will the plummer have to or need a attorney to do the paper work ?
I do not see links on your page and I am interested. Could you send them?
So, I have life use of my home with my sister as the remaindermen. Can a lien be placed on the home if I were to lose a civil trial or does the life estate protect against that? (NY state). Ty so much.
Hi Kevin that is a great question- watch for another video.
Hello and thanks for all your help.
Question: Can debt collectors who have started garnishing my wages also able to place a lien (or force me to sell) on my real estate property located away from my state of residence? Would it make any difference if a name in the title of the property also includes a family member, although I am the only one making mortgage payments?
Hi @Brian Please see our other videos on registration of judgments for out of state matters. For real property we will make another video for that answer.
Dear FinelyRevealed, Thanks a million for your response/help. I will be waiting for your new video that may address the issue of my real estate property I own in a different state. Sorry to ask you too many questions, but I would love if you could also address the following question:
"Can the debt collectors get money from my 401K retirement money? -- Thank you.
If you own a peace of property and you have a deed to the property and it's in your namedo you need a title in order to sail the propert. 😉
Can a small claim judgement of $2000 put a lien on a vehicle that’s not paid for?
I'm in Ohio and won't a default judgment against a plumbing co. Are there resources explaining how to fill out these forms? Ty.
The court clerk usually has paper documents in their office or they are online for small claims court - yes.
Hi Michelle-I’m a professor and novelist, and I was wondering if I could send you an email with some questions. I’m not in any trouble myself-this would be for a novel I’m currently working on about a character who’s potentially facing a judgment lien. Thank you!
Hi @professor - ask away - email link is on the about page.
Always truly believed unsecured debt is usecrured.
Hi I learned so much from that video but… I still need more info. My brother suddenly died and we co owned a beach property together. I have right to survivorship. Creditors tried to force the sale which I stopped but now what do I do? Am I responsible for paying off this debt since I have inherited this half of property with lien? Thanks, Joe
Sorry about your brother. This depends on the types of debt - who created it and whether it is even valid. We will do some additional videos and happy this one helped you- please contact a real estate attorney (get a referral from a probate attorney if you already have that type of contact) - they need to know all the facts and players and all documents/ correspondence about the debts. It depends if these are consensual liens or judgment liens or other - and state law where the property is located.
if you have 2 properties. And one has a judgment against it. Can you sell the other one that does not have a judgment without issues?
For a judgment for payment of money this depends on where the properties are located- and the rules /law in the place where they are. For example some places a judgment from a state court located in one county only impacts land in that county, but if the judgment is from a federal district court it can impact land in that whole district which might include several counties. Hope that makes sense.
@@FinelyRevealed awesome. thank you for the feedback.
I am in the middle of a court case. The judge set trial for 11/2019. She then decided to go along with plaintiff's motion for summary judgment and ruled against me. My attorney and I plan to appeal. There's still upcoming hearing dates set. Is it too late to place my home and vehicle in my son's name through quitclaim deed/transfer?
HI @Renee - we will do a video on fraudulent transfers. So long as you do not meet those requirements you would be okay. You have an attorney so you should ask them as they are more familiar with your state's laws. Good luck!
Thanks! I've done some research and it seems I can title the car to my son and quitclaim deed my home now since an appeal takes up to 2 years.
Don’t be surprised if the judge and attorneys are working together! Ps. Look up Gene Kim on CZcams!!!
@@alexgdaq8146 exactly! I overheard the judge and attorney laughing super loud in the chambers. They knew each other well. I find the legal system to be corrupt. I did look up Gene Kim. Thanks for pointing him out.
@@renee4864
OK here’s one I was in properly served I was in another state the constable said he served me when I was out of state I wasn’t home at the time which I never received the paperwork I never was served and then I was sued and wasn’t aware of a court date they won by default and now the sheriff left a note on my door saying she has a summons or judgment to take my property to collect on the debt the debt is only $1700 and she told me she’s gonna take my truck which is worth 8000 that I owe money on which is the 8000 and she can take anything and everything in my whole house which I will not let anyone in sheriff constable or anyone of the law will not enter my propertyThe other thing is she’s notified me by phone and still have not yet served me the summons because I’ve been out of state because I drive over the road nor has she served anyone else in my house a summons so now what do I do about that???
Please call an attorney in the state where this is going on- they will tell you what can be done at this point.
My is other litigators considered a party interest.if I want it fir myself...
I was issued a writ of execution but I am on Social Security. It says in the letter "with post-judment interest accruing at the legal rate and accuring costs, out of the personal property of the Defendants." Does this mean they can take like my furniture and/or family heirlooms? I have a car but it is broke and I'm still paying on it. I live in Idaho.
Hi @Linda the personal property they reference usually means money that is owed to you like in a promissory note or some credit that the party receiving the execution might have that they owe you or are holding for you. Household goods are generally exempt unless they are valuable. family heirlooms such as jewelry would fit in another category again limited by value. Idaho code 11-605 has the details. We are working on a state by state guide
@@FinelyRevealed thank so much. I have been googling like crazy. The courthouse had no clue what I was talking about 🙄.
I read that I have to file an exemption. Is that true and if so, how do I go about it. Legal aid wouldn't even help me with this situation. It's been frustrating trying to get answers. Thank you so much for your reply
@Blue Nihilist I spoke to an attorney and he said they cannot do anything where I am on Soc sec but I don't own my home either. My car and personal things they cannot take. My main concern was my family heirlooms. They are all I have left of my family.
I had a judgement against me in 2009,and to date,I have not heard anything. Am I still being sued?
Hi @brittney - If a judgment was entered against you then that is the end of that part of the process and then if the plaintiff wants to collect the money they then start enforcement actions by going against your earnings or bank accounts or property. Did that help?
@@FinelyRevealed Yes it did. Thank You
Can you explain about the timing of order notice of judgement
Hi @Albert- Will try -are you asking about when an order is entered or if there is a notice ?
WHY IS EVERYTHING on CZcams by Attorneys ONLY for those that DONT pay their bills and DONT do what’s right. There’s nothing for those of us that have a true judgment lien on a property where a Builder STOLE our money to the tune of $200,000 dollars left the job w our house half way done and it s been years and he won’t pay a dime. Everything on here in every category is help for the person originally in THE WRONG. Messed up world we live in SMH
Hi @Victoria Your attorney should be able to walk you through your options. Thank you for the comment- will do some videos from this perspective.
Wow !! Thank you for replying.. Didn't expect that.. We did get an attorney and a Judgement lien on his property for $299,898.00 9 YEARS ago and he then filed for bankruptcy.. So he was able to steal our money, left our job site and home unfinished and then just filed bankruptcy and got away with it.. We thought we were totally screwed but we found out 2 things this month.. A.) He never kept the terms of his Chapter 13 Bankruptcy and it was dismissed and also he quitclaimed deed his property to a "friend" a few years ago to someone and sold it for $175,000 LESS than it's value at that time.. That is what lead me to you here.. Im trying to figure out if we can now go get the house from these people that got it from him but never did a title search "warranty deed" .. Now today there is about $600,000 in equity in that house.. It's 6,000 sq ft home on 24 acres here in Nashville TN.. I do know the judgment stays with the house NOT the person ?? But if THEY can now just run out and file bankruptcy or claim "homestead" and we get NOTHING again I don't want to give MORE money to another attorney IF there's no chance at forcing them to sell the house and pay us.. Thank you
Hi @Victoria - what a story! You should get a title report on the property and seek counsel. Title transfers take the liens with them- so you should be able to enforce your lien against the property. If you got title insurance insuring your lien that may help you save money. Good luck!
someone owes me property for a investment I did on a property. My attorney is gonna send a lawsuit out the guys hasn’t been responding so chances are I might get a judgment lien towards him ?
What will happen after I get that?
If there is no answer then yes a default would be entered- your local attorney should be able to tell you step by step what you can do next and how to be paid on the judgment. Good luck!
And if they have a judgement what does this mean exactly when your equity in the home exceeds the debt?
HI @Charlotte If you have equity in any asset (that is non-exempt) then a creditor can attach it with the judgment and have it sold- with proceeds going to your lien creditor to pay them off and then the judgment creditor takes the rest.
ThankYou for your reply. What is the difference between the lien creditor and the judgement creditor?
@@HeavenlyLights czcams.com/video/2PsWzxLB1T0/video.html This video tells you the 3 kinds. The lien creditor would have a consensual lien. See if this helps.
My mother still paying mortgage on her home she doesn't own it yet can a debt collector still put a lien on her property
Hi @Teechef When there is a proper basis for a lien then yes, a lien can be imposed - even on exempt property. The next step is when and whether that lien could ever be enforced. We will follow up on this subject. Thank you for the comment.
Would putting property in a LLC post judgement protect it from creditors?
Hi JMLT - watch for another video on this.
"You will own nothing, and you will be happy" - Klaus
Owe 50k cc debt , have house 100k equity , laidoff , if I desultory on cc debts can companies go after my house ? Thxs
HI @Natus It depends on where you live also credit card companies rarely do that. Further you should seek counsel before that would be attempted. Watch for a new video.
So if one spouse took out a personal loan and stopped paying it but owns a home by tenancy by the entirety they cannot place a lien on the home since the debt is only in ones spouses name?
HI @Jimmy - the rules on property differ by state. Generally tenancy by the entireties protects the property from being taken as you describe.
How do I find any judgements against me personally throut the country
They would be showing up on your credit report - that would be the fastest way.
I have a $125,000 property and I owe $211. Should I be worried?
Yes, but make payments 10 dollars a month ;)
@@robertswanson2846 Welcome to America where we steal people's homes because of debts while banks can print it out of thin air...
A doctor placed a $1000 lien on my property in Texas in 2009, I'm in the process of refinancing my home and the lien is still attached, but as far as I know, it should have only been good for 10 years and should have expired last year. I have never received anything stating that the lien was extended. How do I get this lien removed, so I can refinance without paying it now?
Hi @Thomas - in the refinance process the lien would have been picked up. Look at that report as it will give an indication of the dates etc. Some title examiners list things without looking at the dates so just ask them. If they assert it is valid then you will need to contact a real estate attorney in your area.
pay the lien!
@@jimcole6423 The question wasn't for you.
So if I owe a credit card and me and my wife own a house but the credit card was in my name only name only they can't come and take my my house or money from my house is that what you're saying
Generally that is the way it works- depending on how the house is titled and what the charges on the credit card are for- will do another video on spouse responsibility for certain kinds of debts. Thank you for the question!
@@FinelyRevealed Thanks so much for the quick response but who can I go to to help me correctly fill out these papers Or what kind of lawyer do I go to
What if the debtor is hiding when the court ordered judgement no one is around in her/his home...can i issue the judgement letter to his relatives
Hi @Lenard Please contact an attorney in your area for exact information on service questions.
Can they take your tv, computer couches and table?
Those are all called household furnishings and are generally exempt unless the bill to buy them was not paid.
It might be more valuable than we thonk...
Hey everyone Also sometimes I share this, the Bible says that GOD loves us so much that he sent his son JESUS CHRIST to this earth and HE lived a perfect sinless life.And JESUS went to a cross and gave HIS life for us.And rose again in 3 days and who ever will receive JESUS AS THEIR SAVIOR AND ASK HIM TO COME INTO THEIR HEART AND FORGIVE THEIR SINS,HE WILL TAKE YOU TO HEAVEN.
Look up Gene Kim n Chuck missler on CZcams!!