A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.
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Any person, firm, hospital authority, or corporation operating a hospital in this state shall have a lien for all reasonable charges for hospital care, treatment, and maintenance of an injured person who entered such hospital within one week after receiving such injuries, upon any and all actions, claims, counterclaims ...
Statement of Lien. A verifying statement of lien must be filed in the office of the Judge of Probate of the county where the subject property is located. Ala. Code § 35-11-213. When the property is located in more than one county, the verified statement must be filed in each county where the land is located.
Section 35-11-219 List of materialmen, laborers and employees; effect of failure to pay materialmen, etc. Section 35-11-220 Jurisdiction of actions for enforcement of liens. Section 35-11-221 Limitation of actions.
2006 Alabama Code - Section 35-11-220 ? Jurisdiction of actions for enforcement of liens. When the amount involved exceeds $50.00, actions for the enforcement of liens under this division may be brought in the circuit court having jurisdiction in the county in which the property is situated.
Section 35-11-372 - Release or satisfaction (a) During the period of time allowed by Section 35-11-371 for perfecting the lien, including that period of time during which the hospital is awaiting payment or denial by the patient's health care payor, and also after the lien provided for by this division has been ...
In Alabama, money judgements last up to 20 years (Ala. Code § 6-9-190). But judgments are generally only enforceable for 10 years (Ala. Code § 6-9-191), and then they're renewed for another 10 years if the judgment debtor still hasn't paid the debt.
The Alabama Release of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. Alabama law requires that a lien cancellation is filed within 30 days after the lien is satisfied.
In Alabama, the homestead exemption for a debtor's home is only $5,000 (or $10,000 for a married couple who are both on the deed). It is among the lowest such exemptions in the nation. Can you do anything to challenge a judgment lien? You can pay the judgment in order to obtain a release from the judgment creditor.
