A Motion to Avoid Judicial Lien — Passive Notice is a motion filed with the court to prevent a judicial lien from being placed on a debtor's property. This motion is used when a creditor has filed a lawsuit to collect a debt and the debtor has failed to respond. By filing this motion, the debtor is essentially asking the court to void the lien so that the creditor's claim is not enforced by the court. This motion is typically filed alongside an Answer to the debt lawsuit. There are two types of Motion to Avoid Judicial Lien — Passive Notice: 1. Motion to Avoid Lien Based on Default Judgment: This motion is filed when the court has already entered a default judgment against the debtor in the lawsuit. 2. Motion to Avoid Lien Based on Expiration of Limitations Period: This motion is filed when the statute of limitations for the creditor's claim has expired.
Avoid Judicial Lien
Description Motion Avoid
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