Motion To Lien

Category:
State:
Multi-State
Control #:
US-03348BG
Format:
Word; 
Rich Text
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Description

The Motion to Lien is a legal document filed in the United States Bankruptcy Court by a debtor seeking to avoid a creditor's judicial lien on their property. This form is vital for individuals filing under Chapter 7 or Chapter 13 of the Bankruptcy Code, allowing them to protect exempt property from creditor claims. It requires specific information, including the debtor's details, the description of the property in question, and details about the existing judicial lien. The document also outlines the debtor's exemption right and the calculations to demonstrate how the lien impairs that exemption. The target audience, which includes attorneys, partners, owners, associates, paralegals, and legal assistants, can utilize this form to facilitate the legal process in bankruptcy cases effectively. To complete the form, users need to fill in specific details like the names of the debtor and respondent, the property description, and the necessary financial values. Careful attention is needed to ensure accurate calculations reflecting the extent of impairment, as these are crucial for the court's decision. This Motion supports debtors in safeguarding their rights and financial interests in bankruptcy proceedings.
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FAQ

Tells all parties in a case that a lien is created against any judgment or settlement in the case by a judgment or order in another case. Get form EJ-185. Effective: January 1, 1985.

Here are a few ways to remove the lien: Invalidate the lien. If the lien is invalid or was obtained in a manner that doesn't follow the procedural requirements under the law, an attorney may be able to strip the lien from the property. ... Satisfy the debt. ... Negotiate a lower payoff. ... File for bankruptcy.

Common household items such as: Appliances, clothing, fuel for residence, furniture, and personal effects CCP § 704.020 Exempt if ?ordinarily and reasonably necessary to, and personally used or procured for use by, the judgment debtor and members of the judgment debtor's family at the judgment debtor's principal place ...

If you do not pay the judgment, the judgment creditor can garnish or "seize" your property. The judgment creditor can get an order that tells the Sheriff to take your personal property, like the money in your bank account or your car, to pay the judgment.

How to put a lien on someone's property Fill out Abstract of Judgment. Abstract of Judgment ? Civil and Small Claims (form EJ-001) ... Get Abstract certified and pay fee. Bring the Abstract of Judgment to the small claims court clerk. ... Make a copy. ... Record the Abstract.

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Motion To Lien