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.
A Florida Motion to Avoid Creditor's Lien is a legal document filed by an individual in Florida to request the court's permission to remove or eliminate a creditor's lien on their property. This motion aims to alleviate the burden of debt by allowing the debtor to protect their assets from being seized or sold off to satisfy the creditor's claims. There are two primary types of Florida Motion to Avoid Creditor's Lien that can be filed depending on the specific circumstances: 1. Florida Motion to Avoid Judicial Lien: This type of motion is filed when the creditor has obtained a judgment lien against the debtor's property through a court proceeding. By submitting this motion, the debtor seeks the court's approval to eliminate or avoid the judicial lien, which would otherwise give the creditor the right to seize and sell the property. 2. Florida Motion to Avoid Non-Possessory, Non-Purchase Money Security Interest: In this case, the debtor aims to avoid a non-possessory, non-purchase money security interest imposed by a creditor on their property. This type of motion is typically filed when the debtor has granted a security interest to a creditor, such as through a loan or financing agreement, and seeks to remove the lien to protect the property from being repossessed or sold off. When filing a Florida Motion to Avoid Creditor's Lien, it is crucial to provide detailed information about the underlying debt, the property subject to the lien, and any relevant supporting documentation. Additionally, it is essential to outline the legal basis for the motion, such as specific bankruptcy laws or exemptions that support the debtor's claim. By submitting a well-drafted and persuasive Florida Motion to Avoid Creditor's Lien, debtors can potentially protect their valuable assets and regain control over their financial circumstances. It is advisable to consult with an experienced attorney or seek legal guidance to ensure proper completion and submission of this motion, as it involves complex legal procedures.
