This is a form of a Partial Release of Judgment Lien.
This is a form of a Partial Release of Judgment Lien.
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If you don't make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case. There are several ways that you can keep collateral or mortgaged property after you file bankruptcy.
In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. (see Arkansas bankruptcy exemptions) Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.
A collection lawsuit submits the issue to a judge who decides whether you owe money to the creditor and, if so, the exact amount due. A judgment is the court's final decision as to the outcome of litigation. This signals the end of the case and provides the last word on liability.
A Judgment only lasts for 10 years unless, ing to the Arkansas Supreme Court, the creditor files a post-judgment writ, which then re-news the 10-year period. Traditionally, if a creditor wishes to re-new the original judgment, he must petition the court for a revival of the judgment.
If you have trouble collecting the money that the judge has found you are entitled to, there are two possible causes of action available to you: a writ of garnishment and a writ of execution. The writ of garnishment of wages will order an employer to take out a certain amount from the defendant's paycheck.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arkansas, a judgment lien can be attached to real estate only (such as a house, condo, or land).