Judgment Lien Forms With Miniatures In Minnesota
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FAQ
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Minnesota, a judgment lien can be attached to real estate only (such as a house, land, or similar property interest).
Minnesota law protects some earnings for a limited period of time. Certain pensions, annuities or similar retirement or disability benefits may also be protected if they meet specific tax requirements or have a present value of $75,000 or less.
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
With respect to personal property, most states have specific exemptions for specific types of property. Most protect typical household goods, health aids, clothing, and a motor vehicle up to a certain value. Federal law protects Social Security and disability benefits from debt collectors (with or without a judgment).
A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State. We will not release expired liens.
Collecting on a lien involves various steps, such as obtaining a court judgment, filing a lien against the debtor's property, and utilizing legal processes like foreclosure or sale of the property to satisfy the debt.
A lien expires after 10 years. We can renew it before it expires and continue to take collection actions. These time limits are part of Minnesota Statute 270C.
The joint account held in the entireties, therefore, cannot be attached by a statutory lien, without the prior permission of the non-debtor account holder.
The short and legal answer is YES, the creditor can force the sale of that half interest, but normally they won't. Part of the reason is that half of a property is not worth half of what the property is worth.
