Judgment & Lien Attorney
Judgments & Liens
What is a Judgment or Lien?
A judgment is a court order that requires you to pay money to another person or business. A lien is a legal claim on your property, which may be seized and sold if you don’t pay the debt. In Arizona, a judgment recorded in the county you reside becomes a lien on any real property you own or will acquire in the future.
If you have a judgment or lien on your credit report, there are a few things you can do to try to improve your credit score:
- Pay off the debt as soon as possible. This will remove the judgment or lien from your credit report.
- Have an experienced bankruptcy attorney negotiate with the creditor to have the judgment or lien removed in exchange for payment. This is known as a “pay for delete” arrangement, and it can be difficult to get creditors to agree to this.
- If you have a lien on your property, you can try to have it removed by paying off the debt or by negotiating with the creditor.
If you’re struggling to pay off a judgment or lien, you may want to consider filing for bankruptcy. This will discharge your debts and allow you to start fresh.
What if I don't own any real or personal property?
Liens generally hang over you like a black cloud until you either pay the debt in full or make some arrangement with the creditor, such as a “pay for delete” agreement.
If you don’t own any property, then the creditor may not have anything to seize if you don’t pay the debt. However, the creditor could still take you to court and get a judgment against you. A judgment would allow the creditor to garnish your wages or put a lien on any property you acquire in the future.
If you’re struggling to pay off a judgment or lien, you may want to consider filing for bankruptcy. This will wipe out your debts and allow you to start fresh.
Can I Negotiate with the Creditor to Remove a Lien?
It is possible to negotiate with the creditor to have the lien removed in exchange for payment. This is known as a “pay for delete” arrangement. However, it can be difficult to get creditors to agree to this.
Again, as an experienced Tucson Bankruptcy Attorney I can help you make that decision.
Do I need a Bankruptcy Attorney to Remove a Lein?
Most likely. Recorded judgments may affect your ability to sell or refinance your property in the future. Proper documents need to be filed and recorded with the county recorder to ensure a smooth closing at sale or refinance. In this particular legal matter, it would be in your best interest to consult with an attorney.
A judgment is a court order that requires a person to pay money to another person or entity. Judgments can also order a person to take (or not take) certain actions. If a judgment is not paid, the creditor may try to collect the money by wage garnishment, bank levy, and recording their judgment to become a judgment lien on any real property you own or acquire.
A lien is a legal claim on someone’s property. A lien gives the creditor the right to repossess or sell the property to satisfy the debt.
Filing for bankruptcy can help with a judgment or a lien in two ways. First, filing for bankruptcy puts an automatic stay on all collections activity, including judgments and liens. This means that the creditor cannot take any action to collect the debt, including trying to collect from the debtor’s property.
Second, if the debtor successfully completes a bankruptcy proceeding, the debt may be discharged, which means that the debtor is no longer legally responsible for paying it. Certain judgment liens can also be avoided in the case with a special motion process.
Meiners Law Office, PLC
Address: 4400 E Broadway Blvd
Suite 600S, Tucson, AZ 85711
Phone: (520) 777-2198