Judgment Lien Forms With Property In California

State:
Multi-State
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.

For the most part, whether a lien is a "property lien" or a "judgment lien" depends on how the creditor got the lien. Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.

If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date. This means that it is possible to no longer have a judgment against you, but still have a judgment lien on your property.

Key takeaways. While credit card companies technically have the ability to pursue your home for unpaid debt, it's rare. A debt collector must go to court and get a judgment before it can place a lien on your home. There are limits and exemptions to how much of your home's equity a debt collector can claim.

Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.

An involuntary lien can occur without your knowledge, depending on the circumstances. A creditor often places a judgment lien after suing you and winning the case.

Write the name and last known address of the judgment debtor in the space provided. You may also include any known aliases used by the judgment debtor. Fill in the last 4 digits of the judgment debtor's driver license number and state where it was issued, if you know them.

To determine if a lien has been filed against you, come into the Office of the Clerk Recorder or online at . The website will allow you search the index. ing to California State Law, documents can only be viewed in the Clerk Recorder office.

Judgment creditors have the ability to create liens encumbering debtors' real property in Orange County and throughout California. Creditors should record real property liens immediately, as doing so is inexpensive and can be quite effective.

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Judgment Lien Forms With Property In California