Judgment Lien

A judgment lien covers all real estate owned by a debtor in a county where the judgment is of record. The lien also includes property purchased after the judgment was entered. The creditor may foreclose upon the property to seek payment of the judgment debt. In some cases, bankruptcy may be used to remove judgment liens from property.

Frequently Asked Questions

Our frequently asked questions also address Judgment Lien:

Are all judgments the same?

No. There is significant variety in the nature of judgments and how they are affected by a bankruptcy case. Notable questions are whether a judgment lien exists against the debtor's property and whether the judgment concerns an underlying not-dischargeable debt.

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Does a credit card judgment affect my bankruptcy?

Credit card lenders and their debt collectors obtain a large number of judgments each year. By obtaining a credit card judgment, the lender gains the ability to use judicial process to sell the borrower's property or seize money out of bank accounts. The lender with a judgment can attempt to collect for 10 years or more. While credit card judgments themselves are seldom an impediment to bankruptcy, judgments that have become judgment liens required special considerations.

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Blog Posts

We have discussed Judgment Lien in the following posts on our bankruptcy blog:

Options When Facing A Collections Lawsuit

Dec 28, 2011

Whether it involves a credit card, a hospital bill or other medical bill, or another personal loan, collections lawsuits against consumers have one thing in common: a creditor is demanding money from a person who is unable or unwilling to pay. By filing suit, the creditor seeks a judgment which will entitle them to use certain legal processes to obtain money or property from the defendant consumer. A summons and complaint, served on the defendant, starts the process for the lawsuit. Often, receipt of these documents leads the consumer to ask what they should do?

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Avoiding Judgment Liens with Bankruptcy

Jan 3, 2012

A judgment is effective as a lien against all of the judgment debtor's real property in the county of the judgment or any other county where the judgment has been transcribed into the official records. The lien is effective both with respect to property owned at the time of the judgment, as well as property acquired after the judgment. A bankruptcy discharge will void the future application of a judgment, preventing it from attaching to property acquired after bankruptcy. However, a discharge does not itself get rid of an existing judgment lien.

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