Q&A

What is a property Judgement?

What is a property Judgement?

A judgment lien is a court ruling that gives a creditor the right to take possession of a debtor’s property if the debtor fails to fulfill his or her contractual obligations. Judgment liens are nonconsensual because they are attached to property without the owner’s consent or agreement.

How can judgment be enforced?

A Writ of Enforcement (Writ) is a document filed with the Clerk of the Court of Queen’s Bench and then registered with the Personal Property Registry (PPR) which entitles you to enforce your Judgment.

Can a judgment be attached to personal property?

ATTACHING JUDGMENT LIEN TO PERSONAL PROPERTY. Personal property can include bank accounts, stocks, bonds, vehicles or other equipment. Many of the concepts are the same in enforcing a judgment against personal property and real estate. A judgment is not enforceable against personal property until it has attached.

Where can I find a judgment on my property?

At the very least, the judgment appears in your county’s property records, so when you sell or refinance your property, the title insurer will require that the judgment be paid in full from the proceeds. 12 How Can You Avoid a Judgment?

Can a judgment lien be placed on a property?

Liens created out of a court-based remedy, such as a judgment lien, can also be recorded against property without the owner’s consent. Whether the creditor can enforce the judgment lien against a debtor’s property transferred to a trust depends on the type of trust.

What happens when a judgment is issued against you?

In some states, creditors can force the sale of your home. At the very least, the judgment appears in your county’s property records, so when you sell or refinance your property, the title insurer will require that the judgment be paid in full from the proceeds.

At the very least, the judgment appears in your county’s property records, so when you sell or refinance your property, the title insurer will require that the judgment be paid in full from the proceeds. 12 How Can You Avoid a Judgment?

What kind of property can a judgment debtor not take?

There are certain types of property that a judgment creditor cannot take from a judgment debtor, even to pay a civil judgment. This property is called “exempt” property because it is excluded from the execution process.

What happens to my house if I get a judgement?

The judgement creditor can then recoup the debt by taking your personal property (also called “attachment”), putting a lien on your house or real estate property, performing a bank levy process, or taking a portion of your salary (also known as ‘wage garnishment”). What can you do if this happens?

How does a judgment lien work on a property?

Judgment Liens. The creditor records the lien in the county where you or the property resides and attaches the judgment as proof of the creditor’s entitlement to the lien. For more information about how creditors collect on debts, visit our area on Debt Collection: Repossessions, Wage Garnishments, Property Levies, and More.