Judicial Liens and Tax Liens

Administrative and Judicial Liens Administrative Lien The Administrative Lien allows enforcement of an arrearage without returning to court. The lien is considered active until it is executed / released. With this lien, any property that is acquired after the filing of the lien is considered to.

Judicial liens are often considered to be the most dangerous type of lien. These types of liens can arise from a wide variety of situations that can land you in court. The court can then grant the creditor an interest on the debtor’s property after a judgment.

Judicial liens — also called judgment liens — are secured debts, but they generally rank lower than other types of secured debts. To obtain a judgment lien, you must file a lawsuit and prove someone owes you money. If you win, the court can grant you a judgment lien against the debtor’s property.

Motion to Avoid a Judicial Lien. If your attorney is aware of the judicial lien(s) and you do not have any non-exempt equity in property to secure the liens, your attorney can file a motion to avoid a judicial lien to prevent the judicial lien from affecting you in the future after the debt was discharge in your bankruptcy.

Judicial Liens. Judicial liens result from some form of court action. While state, and sometimes federal, laws often provide a basis for judicial liens and determine the property that they attach to and the procedures that must be followed to enforce judicial liens, they are not considered statutory liens because they are granted only through.

State law typically requires the creditor to "perfect" the property lien by recording it, like in the county records in the case of a mortgage. The purpose behind this requirement is twofold: it gives other parties of interest notice of the lien and it establishes a catalog of liens in case a party contests a lien’s validity.

While state, and sometimes federal, laws often provide a basis for judicial liens and determine the property that they attach to and the procedures that must be followed to enforce judicial liens, they are not considered statutory liens because they are granted only through court action. Here are some common examples of judicial liens.

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