Judgement and Liens question

[toomuch]

Can someone give me a link or explain to me about judgements and liens? I have been reading over the posts and just can't seem to understand what can and can't be done. If a judgement is placed before filing, and your wages get garnished.....then you file....the garnishment is lifted.....does that mean the judgement is no longer an issue? As in, is it ever a threat again as long as you complete the 5 yr plan?

Also, hubby filed a few weeks ago and I have to sell my car that my stepfather cosigned for before I can file. Meanwhile, I feel like a sitting duck.....afraid one of the creditors will place a lien against our house, which they have threatened to do.

A few weeks ago, before hubby filed, I went to the courthouse and no judgements were filed against me but that doesn't mean something didn't slip through the cracks and they could still do it. Evidently, from what I do understand, they don't have to have a deputy or whatever to serve the (I can't remember what it's called at this moment) but it gives you a chance to fight it.

I know I'm rambling......I just need to know what happens if they were to place a lien on the house before I file. Then what do I do? Is the entire amount owed worked into the 5 yr plan? I remember the attorney telling me do not let them place a lien before it would cost a LOT more each month.

Can you tell my brain is fried over this mess????

[parsoc48]

Have you received a summons of a pending lawsuit? I was served last Oct by a process server, court hearing 3/24 and I got a continuance to 4/21. The summons requires a response, make sure you do that; if not, you're very vulnerable for a default judgment.Even with a judgment it takes time to get the garnishment, at least days if not weeks.
My BK attny. said everything is much easier if the filing is done first, but that it's "doable" to fix a judgment afterward.
I'm not knowledgable about liens and some of your other questions, I'm sure other peole can answer.
Good luck

[toomuch]

Have you received a summons of a pending lawsuit? I was served last Oct by a process server, court hearing 3/24 and I got a continuance to 4/21. The summons requires a response, make sure you do that; if not, you're very vulnerable for a default judgment.Even with a judgment it takes time to get the garnishment, at least days if not weeks.
My BK attny. said everything is much easier if the filing is done first, but that it's "doable" to fix a judgment afterward.
I'm not knowledgable about liens and some of your other questions, I'm sure other peole can answer.
Good luck

I haven't personally been served and I don't recall getting anything in the mail. Thanks.......summons is the term I was looking for.

I talked to my attorney's wife today and she said a lien stays until the house is sold and then it gets paid. She didn't know if interest and late fees kept accruing though.

Thanks for the reply,

Toomuch

[parsoc48]

You can also check your county court calendar to see if your name comes up on any lawsuits, should be faster than actually going there! Hope you get your questions answered...better yet, hope there are never any liens!
good luck

[toomuch]

You can also check your county court calendar to see if your name comes up on any lawsuits, should be faster than actually going there! Hope you get your questions answered...better yet, hope there are never any liens!
good luck

Thanks, Parsoc.....I have never seen this mentioned before, although I'm sure it has and I missed it.
I'm not sure how to check the county court calendar, but I will surf around and see what I can find.

Toomuch

[keepmine]

While it's best to file before any lein is placed, 522{f} of the bk code does provide for lein stripping. Just another step you have to take that means more legal fees.
Just contact your court clerk and ask if your county court system is online. If not, ask if there is any litigation against you.

[toomuch]

While it's best to file before any lein is placed, 522{f} of the bk code does provide for lein stripping. Just another step you have to take that means more legal fees.
Just contact your court clerk and ask if your county court system is online. If not, ask if there is any litigation against you.

Thanks. I called and they are not online. I have to go there in person and check on it myself.

[serenitynow]

Hello,
Im not sure if im posting in the right thread here, but the rules said to search forum before posting, so figured my question has to do with liens, so I should put it an already exsisting thread ?
Anyway, I dont know the first thing about bk and am not familiar with all the legal terms and what they really mean. All I know is , Im in a real pickle and need to file but I have a bad situation.
I probablly have roughly 20 grand in liens against my house and fair market value for this area is around 75 to 80 im thinking, for my house. I went to see a lawyer for a free consultation and he told me that in order to qualify to file bankruptcy, my house cant be worth more than low 70's.
Before I even knew about liens and all of this, I was under the impression that i could file chapter 7 and still keep my house, but wasnt aware of liens.
Ok...so my house was at that time really really run down and of coarse i had no money to maintain it or to be able to save to file bankruptcy...so stupid me gets the bright idea that i at least wanted to salvage something out of paying on a house for ten plus years. I thought I could help my daughter and her fiance out and they help me out and everybody is happy. so i offered them to move in and fix up the house and i would sell it to them for the cost of what i owed on it. ( it wasnt worth much more than that at the condition it was in) . And then they could let me stay long enough to save money to file bankruptcy and get an apartment) Now I feel like a complete idiot. Wish i had looked into this before they sank money into the house. The family room is still in bad shape and im hoping that the value is decreased enough to qualify. So my question is....will they only consider fair market value when looking at my house, or can i present an appraisal( because an appraisal will take into consideration the condition of my house). and also about the liens...will i be able to sell my house to my daughter for what i owe on it after the bankruptcy ? Or will the liens prevent me from doing that ?
Im not looking to make a dime on anything. All i wanted was to get out from under this house and my debts and to start over. I sure hope i havent unintentionally messed up my daughter and future son in law because of the money theyve already sunk into this dang house. I dont know what to do !
Its terrible when you have somebody's best interest at heart and then you realize you might have hurt them instead. I figured they could afford it with two incomes...a fixer uper house...and he does all the work on it...saving money in the long run, or so i thought.