Can a creditor come after me for my spouse's debts?

In most cases, the answer is ?no,? but there are some instances in which you could be on the hook for your spouse's debt. If you live in a community property state, for example, you may be obligated to repay any debt accumulated during the marriage.

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Georgia
Motion to Avoid Creditor's Lien

Georgia Motion to Avoid Creditor's Lien

Q: Can a Judgement against me affect my spouse in Georgia?

The creditor does not have any duty to &quot;even out&quot; the judgment liability between the spouses. A creditor has the legal right to collect 100% from either spouse, whichever is more convenient for them.

Category:

Bankruptcy

State:

Multi-State

Control #:

US-03348BG

Format:

Instant download

Description

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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How to fill out Motion To Avoid Creditor's Lien?

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FAQ

Generally, a Georgia judgment-creditor is allowed to pursue the assets of the Georgia judgment-debtor only, and not his or her spouse. However, exceptions apply to this general rule. For example, some forms of jointly held real estate can be attached, as well as joint financial accounts.

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.

In Georgia, a judgment is valid and enforceable for seven years from the date it is granted.

In most cases, the answer is ?no,? but there are some instances in which you could be on the hook for your spouse's debt. If you live in a community property state, for example, you may be obligated to repay any debt accumulated during the marriage.

Creditors cannot take your home in Georgia, but they can place a judgment lien on it. To do this, creditors must first get a valid court judgment, typically a settlement or verdict requiring the payment of money.

The creditor does not have any duty to "even out" the judgment liability between the spouses. A creditor has the legal right to collect 100% from either spouse, whichever is more convenient for them.

The State of Georgia does not allow tenancy by the entirety. Creditors may place a lien on property held in tenancy by the entirety, but they are out of luck if the debtor dies before the other spouse, who will take ownership of the property free and clear of the debt.

In states such as Georgia that follow the equitable division rule, both spouses will be responsible for paying the debt that either spouse accrued during their marriage. This is known as marital debt. Married couples can also have separate debts, which are debts either spouse incurred before the marriage.

Georgia Motion to Avoid Creditor's Lien

Description

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Georgia Motion to Avoid Creditor's Lien

Description

Related forms

Viewed forms

How to fill out Motion To Avoid Creditor's Lien?

Form popularity

FAQ

Can a lien be placed on my house for a spouse's debt in Georgia?

What is an order to avoid lien?

Do judgment liens expire in Georgia?

Can a creditor come after me for my spouse's debts?

Can credit card companies put a lien on your house in Georgia?

Can a Judgement against me affect my spouse in Georgia?

Can a lien be placed on property that has joint ownership in GA?

Is a wife responsible for husband's debt in Georgia?

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