A Mississippi Order Avoiding Judicial Lien is a court order issued in the State of Mississippi that prevents a creditor from enforcing a judicial lien against a debtor's real or personal property. It is a way to protect a debtor's assets from creditors who have obtained a judgment against them. Mississippi Order Avoiding Judicial Lien can be requested by either the debtor or the creditor, and the court must consider the best interests of both parties when deciding whether to issue the order. There are two types of Mississippi Order Avoiding Judicial Lien: one that is effective immediately and one that is effective after a certain period of time. The immediate order is known as an Interim Order and is usually requested when a debtor needs immediate protection from a creditor's lien. The delayed order is known as a Final Order and is typically used when a debtor wants to protect their assets from a creditor's lien for a longer period of time.
Mississippi Order Avoiding Judicial Lien
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The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment lien, sometimes referred to as an ?abstract of judgment,? is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor's property and/or assets.
A judgment lien is created automatically on debtor property that's located in the Mississippi county where the judgment is enrolled. To enforce the judgment against debtor property located in another Mississippi county, the creditor files a copy of the judgment with the circuit court clerk.
Any action to collect on, or otherwise enforce, a judgment rendered by a court in Mississippi must be taken within seven years after the judgment was rendered. However, the judgment can be renewed prior to the running of the seven years by the filing of a simple notice of renewal with the clerk of court.
A tax lien is valid for seven years unless a continuation is filed before it expires. The continuation extends the lien another seven years. Mississippi law allows continuations on state liens until they're paid in full; so continuations can be filed repeatedly making a tax lien valid indefinitely.
Judgment creditors usually record this kind of lien on property with title papers, such as a car or a business's assets. If, for example, you tried to sell your car, the lien would appear, and you'd have to pay off the judgment creditor before selling.
How to File a Mississippi Mechanics Lien Prepare the lien document, taking care to include all the necessary information set forth above ? including the required statements. Sign the document. Deliver the lien must the office of the clerk of the chancery court of the county where the property is located.
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.