Creditor's Rights

Question 1

Lis pendens only filed when

Answer 1

legal action aimed at establishing interest in the RE to inform potential buyers, lenders, others interested that there is a legal dispute over its ownership

Filed in conjunction with legal action

Question 2

Writ of Fieri Facias

Answer 2

Court order that enables creditor to seize and sell property of the debtor

Question 3

Garnishment

Answer 3

Court order that allows ER to hold onto EE’s wages to satisfy debt of EE

Question 4

How to make judgment enforceable

Answer 4

Creditor needs to file J in circuit court and have it docketed

Question 5

What does docketing J mean

Answer 5

Into official record of court

Question 6

How to satisfy J as to RE

Answer 6

1. File J in circuit court where property is located
2. Court issues writ of execution for property of the debtor to be seized to pay off J

Question 7

Creditors and LLC. Can Creditor claim any part of an LLC?

Answer 7

Personal credit of LLC member can use charging order to access income of the LLC member but not the ownership interest of the LLC member