Massachusetts Motion to Avoid Creditor's Lien

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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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FAQ

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.

How long does a judgment lien last in Massachusetts? A judgment lien in Massachusetts will remain attached to the debtor's property (even if the property changes hands) for 20 years (for liens on real estate) or 30 days (for liens on personal property).

How does a creditor go about getting a judgment lien in Massachusetts? The creditor files the judgment with the registrar of deeds in any Massachusetts county where the debtor has real estate now or may have real estate in the future.

Technically, there is a statute of limitation on the lien of 20 years which, if expired, may result in the lien being extinguished.

Yes, a lien may be placed on property that is jointly owned.

How Can I Get Rid of my Judgement Lien in Massachusetts? Contact the creditor that filed the lien and try to come to a deal with them directly. Make payment arrangements with the creditor if you cannot pay in full. Simply pay the lien amount in full.

Massachusetts provides lien rights to parties to secure payment of a sum owed by an owner of real estate.

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Massachusetts Motion to Avoid Creditor's Lien