weaver445 Posted September 28, 2002 Report Share Posted September 28, 2002 We were being sued by Capital One for $600. The day we went to court we made an agreement with the attorney, before we saw the judge, to pay $50 per month. We specifically asked if this agreement would eliminate the possibility of liens or wage executions. The answer was "yes". We just recieved a letter stating that there is now a judgement lien against our property.Can they do this? Link to comment Share on other sites More sharing options...
Sky Warner Posted September 28, 2002 Report Share Posted September 28, 2002 Go to the judge ((County Clerk)) and get a copy of the court papers. Link to comment Share on other sites More sharing options...
admin Posted October 1, 2002 Report Share Posted October 1, 2002 Yes, one of the reasons collectors bother to get judgments is that they can take extra measures to get money like by liens, garnishment of wages, etc. Link to comment Share on other sites More sharing options...
ghacorp Posted October 4, 2002 Report Share Posted October 4, 2002 Question, what can collectors realistically do once they obtain a judgment lien on a property? Have you ever heard of anyone being forced into foreclosure or seizure with another lienholder on record such as a mortgage company, the result of a revolving credit debt? It seems that if there is equity sufficient to pay off an unsecured credit card debt a property could be at risk of Sheriff action. Supposedly people rarely lose homes in this instance but get wages garnished and bank accounts levied. Bankruptcy of course is a death knell to judgments and liens if a debtor choses to go that route and I've never heard of a civil judgment or lein surviving an honest bankruptcy declaration. It seems many collectors will pursue people until they file only to lose out on eventually collecting anything. Comments please! Link to comment Share on other sites More sharing options...
calawyer Posted October 4, 2002 Report Share Posted October 4, 2002 It is still a powerful creditors' tool for any number of reasons. For example, if the property is sold, the judgment creditor is in a priority position and will get paid if there is sufficient equity in the property. If the owner wants to refinance, the judgment creditor can either force a payoff or frustrate the refi. Link to comment Share on other sites More sharing options...
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