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.
Title: Understanding Georgia Motion to Avoid Creditor's Lien | Types and Procedures Explained Description: In Georgia, a Motion to Avoid Creditor's Lien is a legal process that individuals or debtors can utilize to remove or "avoid" a creditor's lien on their property. This detailed explanation will shed light on the concept of the motion, its purpose, and the various types that exist within the Georgia legal system. Keywords: Georgia, Motion to Avoid Creditor's Lien, types, procedure, debtors, property, legal system 1. What is a Motion to Avoid Creditor's Lien? A Motion to Avoid Creditor's Lien is a legal remedy available to debtors in Georgia to eliminate or invalidate a creditor's lien on their property. It acts as a potential safeguard against creditors who have been granted a lien on assets, such as real estate, vehicles, or personal possessions, often through foreclosure or judgment. 2. Types of Georgia Motion to Avoid Creditor's Lien: a. Homestead Exemption: Under the Georgia homestead exemption, debtors may file a motion to avoid a creditor's lien on their primary residence up to a specific dollar amount (e.g., $21,500 for individuals, $43,000 for jointly owned properties). b. Judicial Lien Avoidance: Debtors facing judicial liens, such as those resulting from a court judgment, can submit a motion to eliminate these liens as part of their bankruptcy proceedings or outside it. c. Nonpossessory, Nonpurchase-Money Security Interests: Debtors with non-purchase money security interests (e.g., loans using property as collateral) can seek relief through this motion, considering certain criteria are met. d. Avoiding Statutory Liens: Certain statutory liens, such as those resulting from tax obligations or mechanic's liens, can be targeted by a motion to avoid their effect on a debtor's assets. 3. Procedure for Filing a Motion to Avoid Creditor's Lien in Georgia: i. Consult an Attorney: Seek legal advice to understand the applicable laws, eligibility, and requirements for filing a motion in Georgia. ii. File the Motion: Prepare the motion document, ensuring it includes relevant details, such as debtor details, creditor information, the type of lien to be avoided, and grounds for avoidance. iii. Serve the Creditor: Serve a copy of the filed motion to the creditor, allowing them an opportunity to respond within a specified timeframe. iv. Attend the Hearing: If the creditor objects or the court deems it necessary, a hearing may be scheduled, where both parties present their arguments. v. Obtain a Court Order: If the court determines that the motion is valid and meets the necessary requirements, it will issue a court order granting the avoidance of the creditor's lien. In conclusion, a Georgia Motion to Avoid Creditor's Lien is a legal tool available to debtors for eliminating a creditor's lien on their property. Understanding the types of motions and the procedural steps involved is essential for individuals seeking relief from financial encumbrances. Consultation with an experienced attorney is strongly advised to navigate this complex legal procedure effectively.
