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.
Alabama Motion to Avoid Creditor's Lien is a legal process designed to protect debtors against creditors attempting to claim secured property or assets to satisfy unpaid debts. This motion allows debtors in Alabama to assert their rights to retain possession of specific properties or assets by requesting the court to remove or "avoid" the creditor's lien. By doing so, debtors can regain control over their financial affairs and protect essential assets from being sold or seized to repay debts. In the state of Alabama, there are different types of Motions to Avoid Creditor's Lien that debtors can file based on their specific circumstances. These include: 1. Homestead Exemption Motion: This type of motion is designed to protect a debtor's primary residence or homestead from being subject to a creditor's lien. Alabama's law allows debtors to claim a homestead exemption up to a certain dollar amount (as stated by the law) to safeguard their home from creditor claims. 2. Motor Vehicle Exemption Motion: Debtors can file this motion to retain ownership of their primary vehicle(s) by seeking exemption from the creditor's lien. Alabama's laws recognize the necessity of transportation and provide debtors with the ability to protect their vehicle(s) up to a specific value. 3. Personal Property Exemption Motion: Through this motion, debtors can protect certain personal property items from being seized or sold as a result of a creditor's lien. Examples of personal property may include furniture, household goods, clothing, appliances, and other essential items needed for daily life. 4. Tools of the Trade Exemption Motion: This type of motion is specifically aimed at protecting tools, instruments, equipment, or machinery that a debtor relies on for employment or self-employment. By filing this motion, debtors can ensure that their livelihood is not jeopardized by the creditor's lien. 5. Wildcard Exemption Motion: Debtors can file a wildcard exemption motion to protect any property or assets not covered under other specific exemption motions. It provides flexibility to safeguard additional property of value that may not fit into any other exemption category. It is important for debtors in Alabama to consult with a qualified attorney to determine the most appropriate type of Motion to Avoid Creditor's Lien to file based on their individual circumstances.
