Alaska Motion to Avoid Creditor's Lien

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US-03348BG
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Judicial lien is a lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding. If a court finds that a debtor owes money to a creditor and the judgment remains unsatisfied, the creditor can ask the court to impose a lien on specific property owned and possessed by the debtor. After imposing the lien, the court issues a writ directing the local sheriff to seize the property, sell it and turn over the proceeds to the creditor.


Under Bankruptcy proceedings, a creditor can obtain a judicial lien by filing a final judgment issued against a debtor through a lawsuit filed in state court. A certified copy of a final judgment may be filed in the county in which the debtor owns real property. A bankruptcy debtor can file a motion to avoid Judicial Lien. A Motion to avoid Judicial Lien can be filed by a debtor in either a chapter 7 or chapter 13 bankruptcy proceeding. In a Chapter 7 proceeding, an Order Avoiding Judicial Lien will remove the debt totally.

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FAQ

If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.

A judgment stays on your credit report for seven years, although in some cases ? such as bankruptcy ? the judgment can stay for as long as 10 years, and it does not matter what type of loan the judgment relates to: a car loan, a student loan, unpaid credit card debt, a personal loan, a cosigned loan, etc.

The statute of limitations on debt in Alaska is generally three years (i.e., a breach of contract). Collection of medical bills also has a three year statute of limitations, unless the medical provider put a lien against you for the medical bills.

The Plaintiff may execute the judgment, which is a court procedure to seize the Defendant's property or collect the money from the Defendant's bank account, PFD, or paycheck.

To bring a lawsuit, the plaintiff files a document called a complaint with the court. The complaint explains what the dispute is about and states what relief the plaintiff is asking for. The defendant then has a chance to file a document called an answer.

Alaska Stat. § 09.35. 020. A recorded judgment lien may issue but not for more than 10 years.

Except as otherwise provided by statute, the Alaska statute of limitations for open accounts, written and oral contracts, is three years in duration.

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Alaska Motion to Avoid Creditor's Lien