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    chris5's Avatar
    chris5 Posts: 5, Reputation: 1
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    #1

    May 21, 2008, 08:21 PM
    Judgements and liens
    If they get a judgement against me for the credit card debt does that automatically put a lien on my property or are those to separate things? And if you get judgements against you what does that mean exactly? How do you fix that?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 21, 2008, 08:27 PM
    It does not automatically do anything. They will have to file the paper work for any garnishment, or any liens with the court, what they are allowed to do depends on the state you live in if in the US . Now here is no need for a hearing, you may not even be notified it is done unless your state has a notification law. So they can win the judgement and come back in 10 min and file for the lien, their attorney can have the paperwork ready and waiting if they are allowed. The main issue is they don't want the property, esp if there are mortages on it. They want the cash, so they will often use threats of liens unless they see no other way to get the money
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 22, 2008, 07:45 AM
    Quote Originally Posted by chris5
    If they get a judgement against me for the credit card debt does that automatically put a lien on my property or are those to separate things? And if you get judgements against you what does that mean exactly? How do you fix that?

    You "fix" a Judgment by paying it off (the amount awarded to the creditor) or, if you weren't served, you go back to Court and ask for a new hearing, present your evidence and hope they don't prevail.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 22, 2008, 07:59 AM
    First, in most states, personal residences are exempt from a lien over unsecured debt. Second, A lien just means that there is an encumbrance on the property that needs to be satisfied before the property can be sold. Most of the time creditors don't bother with liens because it really doesn't get them anywhere.

    A judgement is the result of a suit brought against you in civil or small claims court. A suit over credit card debt is for breach of contract. A court determines whether you did breach the contract (in case of credit card debt, you promised to pay back money you "borrowed" to make purchases). If they find that you defaulted on the contract, then they award a judgement to the plaintiff. The plaintiff can then use that judgement to garnish your salary and/or attach other assets.
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