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What happens after (default - or any) judgment?

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    What happens after (default - or any) judgment?

    If a creditor is awarded a judgment against you, what happens next?

    Do they try to get you to pay one more time?

    Do they automatically start garnishing wages and/or levying bank accounts?

    Does a lien get placed on your property?

    I've gathered they need to go to the judge to ask for these things, but what is the time line?

    Someone told me that a lien can't be placed on property that is a "tenancy by the entireities" situation, as is the deal here (Oregon). But is that truly the case? Trying to Google and read legalese is like trying to decipher insurance policies!

    If a lien can be put in place, is your equity exempt? Say I have $30k in equity ($40k is exempt in a BK) -- can there be a lien?
    Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
    "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

    #2
    Originally posted by NewPage View Post
    If a creditor is awarded a judgment against you, what happens next?

    Do they try to get you to pay one more time?

    Do they automatically start garnishing wages and/or levying bank accounts?
    A judgment is simply a court decree that says that you owe the money. Once a judgment is obtained, the judgment creditor gains other rights such as wage garnishment and attachment.

    Does a lien get placed on your property?
    In most states, a judgment IS a lien. The judgment is recorded in the land records and you cannot sell your property without first satisfying the judgment.

    I've gathered they need to go to the judge to ask for these things, but what is the time line?
    It just depends on how diligent the creditor is.

    Someone told me that a lien can't be placed on property that is a "tenancy by the entireities" situation, as is the deal here (Oregon). But is that truly the case?
    Normally, creditors of only one spouse cannot reach entireties property. Different states have different laws regarding what can happen to entireties property if the debt is joint debt.

    Trying to Google and read legalese is like trying to decipher insurance policies!
    Well, if we wrote stuff in a way where just any old body could read and understand it, then we lawyers couldn't make a living by being paid to decipher it.

    If a lien can be put in place, is your equity exempt? Say I have $30k in equity ($40k is exempt in a BK) -- can there be a lien?

    Whether your equity is exempt, depends on what kind of exemption your state law provides for.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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      #3
      In layman's terms, a judgment makes the "unsecured" debt somewhat more secured -- in a legal sense -- it is a claim on your assets and income.
      Realistically there are three avenues of collection:
      1. wage garnishment (the most popular)
      2. bank account garnishment (hopes to find you already have money -- not much chance with most debtors)
      3. real property lien (hopes to get money someday)
      4. motor vehicle seizure/sheriff sale (mostly if you own a vehicle outright, otherwise the cost/benefits isn't worth it).
      5. in some places, they can get a writ of "fifa" and go seize your personal property, most commonly used in Georgia.

      In NJ, a judgment doesn't automatically apply against real estate. The creditor must show they made a "diligent" effort to collect against personal property (usually this is satisfied by debtors exam/information subpoena as it is called here) then the judgment must be docketed with the state.
      Not sure if any other states follow this procedure.
      filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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        #4
        catleg, As always, the importance of doing your own "due diligence" related to your particular state laws is so very important. Your response is excellent (in my opinion.)

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