Judgment Against Property With Lien In Houston
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The first step in lien release or removal is to contact the judgment creditor or its attorneys, inform them that the lien is invalid (see Part One below) or is currently showing against the homestead (see Parts Two and Three below) and then make formal demand that the creditor execute a partial release—or legal action ...
Once a court judgment is entered against you, creditors can access powerful debt collection tools they weren't previously able to use, like wage garnishment. In many cases, this means they can begin collection efforts right away. This could include garnishing your wages, freezing your bank account, or seizing property.
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days. See Texas Rule of Civil Procedure 505.3.
Until payment requirements can be met, creditors may place liens on property to settle their debts. The homeowner is responsible for keeping track of and paying off all debts on time to avoid having liens placed on their home without their knowledge.
(a) Except as provided by Subsection (b), a judgment lien continues for 10 years following the date of recording and indexing the abstract, except that if the judgment becomes dormant during that period the lien ceases to exist.
You are judgment proof if: You do not own anything of great value aside from exempt property like your homestead, a vehicle, household items and tools of your trade. Your income is from a protected (exempt) source.
A judgment lien lasts for ten years. Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
If a property owner owes a debt to a creditor, contractor, or collection agency, that party may place a court-ordered lien against the property with the goal of collecting on the debt.
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