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[+] Theft of All Ohio State Employees' SSN - Pete Kisan/OH (1 reply)
6/15/2007 11:25:01 AM (3018 views)

[+] Lets talk Tech - Wendi See/SC (14 replies)
6/14/2007 11:10:30 AM (3010 views)

[-] Filing judgments against non-paying clients - Danielle Nelson/WI (8 replies)
6/13/2007 12:40:01 PM (3061 views)
Re: Filing judgments against non-paying clients - george Hubka/MI
6/13/2007 1:00:49 PM (4169 views)
Re: Filing judgments against non-paying clients - Kevin Ahern/CT
6/13/2007 1:44:22 PM (4104 views)

There is a difference between a judgment and a judgment lien. In order to obtain a judgment you must first file a suit and win. Subsequent to winning your judgment you have a number of remedies available...one of which is securing your judgment by filing/recording a judgment lien. The lien creates a cloud on the title to the property encumbered thereby...real estate or personal property. It also creates a credit problem for the judgment debtor in the event that he/she/it is seeking an extension of credit from a lender or finance company.

I have not done much in the Bankruptcy Court in a few years, and the law has changed twice since then, but unless the rules have changed the following applies to judgment liens. Judicial liens (judgment liens and prejudgment attachments/garnishments among them) are dischargeable as preferential transfers in a bankruptcy, but in order to be dischargeable the judicial lien must be perfected (filed/recorded) within 90 days prior to the filing of the bankruptcy. If it is not discharged within said 90 days...it becomes a permanent lien, and is assigned a priority for payment by the Court. Statutory liens such as mechanic's liens are not subject to the 90 day rule of discharge.

Generally a judgment lien is a very effective way of getting paid. Most defendants do not go bankrupt. Eventually the judgment debtor is going to want to buy a car, refi his house or seek a loan. He is not going to get it until the lien is paid and released. It may take a while...in some cases a few years...but it works.

 

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Re: Filing judgments against non-paying clients - Kevin Ahern/CT
6/13/2007 2:06:00 PM (4043 views)
Re: Filing judgments against non-paying clients - Danielle Nelson/WI
6/13/2007 5:30:50 PM (4057 views)
Re: Filing judgments against non-paying clients - Kevin Ahern/CT
6/14/2007 6:46:31 AM (4036 views)
Re: Filing judgments against non-paying clients - Kevin Ahern/CT
6/14/2007 6:57:36 AM (4091 views)
Re: Filing judgments against non-paying clients - ELENA MAUSER/DE
6/25/2007 11:21:32 AM (3942 views)
Re: Filing judgments against non-paying clients - Kevin Ahern/CT
6/25/2007 2:53:11 PM (4262 views)

[+] See Your Place From Space - David Bloys/TX (7 replies)
6/12/2007 1:31:47 PM (4091 views)

[+] non-paying "Client" - Tempie Elder/TX (10 replies)
6/12/2007 1:28:43 PM (3397 views)




Roberts Blog - Wanda Steudel/OH
6/12/2007 1:24:49 PM (2572 views)

[+] Title Search USA - Don Sedy - Danielle Nelson/WI (10 replies)
6/11/2007 5:52:25 PM (4580 views)

[+] Jeffs Polygamists Move To Texas - David Bloys/TX (4 replies)
6/10/2007 5:56:33 PM (4143 views)

County Judge Declares County's Assessment System Unconstitutional - Scott Perry/PA
6/9/2007 1:38:55 PM (3951 views)

[+] First American Title Insur Co faxes - marilyn snyder/FL (9 replies)
6/8/2007 11:58:58 AM (3442 views)

[+] Source of Title ... a term of art? - Ron Meharg/GA (5 replies)
6/8/2007 8:26:29 AM (3254 views)

[+] How would you charge this... - J Nisonger/CA (4 replies)
6/7/2007 11:16:58 PM (3170 views)

[+] Title Software? Need Advice - Mohammad Ali/FL (1 reply)
6/5/2007 4:32:57 PM (3116 views)

[+] LENDER SERVICES DIRECT INC. - ECENTENO/NV (27 replies)
6/5/2007 12:29:05 PM (4775 views)

[+] paying as they close loan - ks/IN (10 replies)
6/4/2007 1:17:01 PM (3278 views)


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