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    #1

    Court Notice of Judgment

    My last small claims case went against me in the amount of approximately $850. No big deal and I asume the creditor would once again went for a wahe garnishment writ. Instead, I was notified by the circuit court that the judgment resulted in a lien against my real property (of which I have none.) My best guess is that these folks do not intend to file or serve a writ of garnishment. Since there is a lien associated with this action, and should the creditor not file for a garnishment, i will put some money aside the nexr few months and pay this off.

    If the judgment is satisfied, then they will have to file such info with my local court. In terms of the "lien," I suppose this will take additional research on my part to have this removed, as it appears that simply satisfying judgment does not necessarily lead to automatic removal of the lien. Something for future thought.
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    #2
    How can you have a lien if you have no property ? Would it go against property you purchase in the future ?
    It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

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      #3
      It is simple to remove the lien. It is called release of lien by the lien holder. Also as ssdsco asked, what have they liened?
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        The small claims judgment created a lien on any real property, now or in the future.

        What I'm not clear about is when the judgment is satisfied, does the lien disapear, or would I have to file additional paperwork? I guess I'll have to do more research in my locality.

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          #5
          Originally posted by treehugger1 View Post
          The small claims judgment created a lien on any real property, now or in the future.

          What I'm not clear about is when the judgment is satisfied, does the lien disapear, or would I have to file additional paperwork? I guess I'll have to do more research in my locality.
          In Arizona, the judgment creditor is required by law to file a "satisfaction of judgment" with the court in which the judgment was granted. That would take care of it. But I'm not sure about Oregon laws.

          What is the statute of limitations for a judgment in Oregon?

          In Arizona it is 5 years. In that case the lien against any future real estate would only exist for 5 years and then expire.

          But, until you file BK or the lien expires, you should not buy any real estate, and if you are mentioned in a will, you might want to make sure the real estate would be transferred upon the person's death into a trust that would be judgment proof.
          The world's simplest C & D Letter:
          "I demand that you cease and desist from any communication with me."
          Notice that I never actually mention or acknowledge the debt in my letter.

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            #6
            Exactly! My intention is to satisfy the judgment, and the creditor is required by law to file a "judgment satisfaction" form with the court.

            In Oregon, judgments last for 10 years, and can be renewed for an additional ten years.

            Back to my original musings, I still need to figure out if satisfying the judgment will remove the lien. I may have to file extra stuff to deal with this.

            Thanks for all your thoughts!

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