Judgment Liens Lawyer Serving Savannah, GA

Legal Guidance for Handling Judgment Liens Through Bankruptcy

Have you been threatened with a judgment lien or had one placed against your property already? Such an action indicates that you have been met with serious financial trouble. You likely are in debt overload which calls for the services of an attorney experienced in debt relief.

At the Law Offices of Mark A. Bandy, we have accumulated more than 20 years of experience helping Georgians find proper solutions to insurmountable debt. Our firm is dedicated to helping you find the right solution for your financial scene. We can help you regain control and move forward safely into a sunnier future.

Facing a judgment lien? Contact the Law Offices of Mark A. Bandy, PC for a free case analysis at (912) 331-4501. You can request your review through our online form as well.

What is a Judgement Lien?

When you go into default on a debt, a creditor or debt collector can file a lawsuit against you in civil court seeking what is called a money judgement. This judgment requires you as the debtor to pay up. For example, if you owe a creditor $10,000 in credit card debt for which you go into default, your creditor can file a lawsuit against you in civil court seeking a money judgment for what you owe.

If you fail to respond to the lawsuit or the court rules in your creditor’s favor, a judgment will be issued by the court for what you owe plus interest. A lien can be placed against your property or assets to ensure that your creditor gets paid when the property is sold. This is called a judgment lien.

Judgement liens can be attached to the following types of property and assets:

• Your home, condo, rental property, or land
• Your personal property, such as jewelry, art, or other valuables
• Your vehicle, motorcycle, or RV

In some circumstances, the creditor may have the right to take the property and sell it to satisfy the debt.

These liens are generally attached by being recorded in the county where your property is located or where you may have property at a future date. The judgment is recorded with the superior court clerk. A judgment lien remains effective for seven years and may be renewed. They are known as nonconsensual because they are attached without your consent.

Judgment Liens & Bankruptcy

How do you satisfy a judgment lien? You can do so by paying off the debt that underlies such a lien. If you are drowning in debt, however, that may not be possible.

The other solution to a judgment lien is to declare bankruptcy. If this is done before your creditor wins a money judgment against you, you may be able to eliminate the debt through bankruptcy. In order to avoid a lien in bankruptcy, the lien must be based on a money judgment and the lien must “impair” property which you own and is otherwise exempt in your bankruptcy.

If the lien has already been placed on your property, you will need to satisfy certain conditions first before you can avoid the judgement lien through bankruptcy, also known as lien avoidance.