Options After Judgment Is Entered Flashcards
What is a judgment lien
Lien on real property
When does judgment lien attach
Auto attaches when judgment docketed to any real property or after acquired property d owns in the county
How long does C have to enforce judgment lien
10 years
How does judgment lien affect tenants in common
They may partition the lane to satisfy the debt
How does a judgment lien affect joint tenants
Creditor with judgment lien CANNOT go after a surviving joint tenant after other joint tenant dies
How does judgment lien affect tenants by the entirety
Cannot reach the other spouse unless you have a joint judgment
How do you enforce a judgment lien
Sell property
Bill in equity
Special commissioner IDs parties and their priorities
What is an execution lien
Lien on tangible personal property
What is not included in execution liens
Unsecured growing crops
What must be done if livestock is seized in an execution lien
Feed them
Execution lien process
Writ of fieri facias
Sheriff can seize
Act within 90 days
How do you seize personal property?
Physical seizure
Dominion and control
What do you do with seized personal property for execution lien
Sell it at public auction
Sheriff can’t buy
What is a garnishment lien?
Lien for intangible personal property
When would a garnishment lien arise?
D owes something to a third party
Wages
Deposit acct
Pmt for goods or services
