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.
Illinois Motion to Avoid Creditor's Lien is a legal process used by individuals in Illinois who are facing a financial crisis and wish to protect their property from being seized by creditors. This motion allows debtors to eliminate or "avoid" a creditor's lien on their property, thereby retaining ownership and preventing it from being used to satisfy the creditor's debt. There are two primary types of Illinois Motion to Avoid Creditor's Lien that debtors can file: 1. Judicial Illinois Motion to Avoid Creditor's Lien: This motion is filed with the assistance of an attorney in a bankruptcy court. Debtors typically file this motion during a Chapter 7 or Chapter 13 bankruptcy proceeding. It allows them to request the court's intervention in removing or avoiding specific liens placed on their property by creditors. A successful motion could result in the lien being declared invalid and the property being protected from liquidation. 2. Non-Judicial Illinois Motion to Avoid Creditor's Lien: In some cases, debtors may choose to pursue a non-judicial Illinois Motion to Avoid Creditor's Lien. This process is typically applicable to certain exemptions, such as an individual's homestead exemption. It allows the debtor to claim exemptions allowed by law, stating that the asset in question is exempt from seizure or sale by a creditor. This motion is usually filed directly with the county recorder's office or the appointed government agency responsible for managing liens. Keywords: Illinois, Motion to Avoid Creditor's Lien, legal process, financial crisis, property, seized, creditors, eliminate, avoid, lien, ownership, debt, bankruptcy, Chapter 7, Chapter 13, attorney, court, bankruptcy proceeding, invalid, liquidation, non-judicial, exemptions, homestead exemption, county recorder's office, government agency, seize, sale.
