North Carolina Motion To Avoid Judicial Lien

State:
North Carolina
Control #:
NC-SKU-0078
Format:
PDF
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Description

Motion To Avoid Judicial Lien

A North Carolina Motion To Avoid Judicial Lien is a legal document filed with a court in North Carolina to challenge the validity of a judicial lien. It is used when a creditor has obtained a lien against a debtor based on a civil judgment or court order for an unpaid debt. The debtor can file a motion to avoid the judicial lien, which is a request for the court to set aside the lien and restore the property rights of the debtor. There are two types of North Carolina Motion To Avoid Judicial Lien: (1) Motion To Avoid Non-Consensual Lien and (2) Motion To Avoid a Lien Based on a Judgment or Order. A Motion To Avoid Non-Consensual Lien is filed by a debtor who believes that the lien was improperly recorded or obtained without proper legal authority. A Motion To Avoid a Lien Based on a Judgment or Order is filed by a debtor who believes that the lien was obtained through a defective judgment or order. Both motions must be submitted with supporting documentation and evidence in order to be considered by the court.

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FAQ

(2) The property is liable for obligations of both spouses and a judgment lien against both spouses upon a joint obligation attaches to the property which may be sold under execution to satisfy the judgment.

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.

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North Carolina Motion To Avoid Judicial Lien