Judgment Lien Forms For California In Pennsylvania

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

Description

The Judgment Lien Forms for California in Pennsylvania are essential documents used to establish a legal claim against an individual's real property following the issuance of a judgment. These forms allow holders of a judgment to secure their interests by placing a lien on the debtor's property, effectively preventing the sale or refinancing of the property without addressing the lien. The form includes sections for key details such as the judgment debtor's name, the court where the judgment is enrolled, and the county of the property. Users must fill out the form accurately and may need to attach additional documents to support the lien. After completion, the form should be filed with the appropriate county office to officially record the lien. Attorneys, partners, owners, associates, paralegals, and legal assistants should utilize these forms to protect their clients’ rights in property disputes or to enforce collections after a judgment is won. The forms are particularly useful in ensuring that debtors cannot avoid their financial obligations by transferring properties. Moreover, users are encouraged to check for additional real property owned by the debtor in other counties and file in those jurisdictions to enhance their collection efforts.

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FAQ

When a judgment has been rendered by a California court, it is enforceable only against assets located in California. If the Judgment Debtor has assets in another state, the Judgment Creditor must convert the judgment to obtain jurisdiction over the assets located in the “foreign” state.

While it is possible to pursue cross-state debt collection without an attorney, it is generally not recommended. The legal complexities involved, including varying state laws and regulations, can be difficult to navigate without the expertise of a creditor's rights attorney.

UNITED ENFORCEMENT OF FOREIGN JUDGMENTS ACT Under the U.S. Constitution, a judgment obtained in one state is to be given full faith and credit to a judgment obtained in another state. The purpose of the UEFJA is to provide speedy and economical methods for creditors to enforce judgments in another state.

Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.

To obtain a judgment lien, you must first record the judgment with the court of common pleas in the county where the debtor owns property. The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

To domesticate an out-of-state judgment in California, follow this procedure: First, the creditor must file an Application for Entry of Judgment on Sister-State Judgment (Form EJ-105). Second, the creditor must submit a Notice of Entry of Sister-State Judgment (Form EJ-110).

The SPEECH Act prohibits any domestic court from recognizing or enforcing a foreign defamation judgment if the foreign jurisdiction's libel laws do not provide as much protection to speech as does the First Amendment and/or the libel law of the state in which the domestic court sits.

To obtain a judgment lien, you must first record the judgment with the court of common pleas in the county where the debtor owns property. The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.

(1) At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall make and file with the office of the clerk of the court of common pleas an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.

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Judgment Lien Forms For California In Pennsylvania