Judicial lien is a lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding. If a court finds that a debtor owes money to a creditor and the judgment remains unsatisfied, the creditor can ask the court to impose a lien on specific property owned and possessed by the debtor. After imposing the lien, the court issues a writ directing the local sheriff to seize the property, sell it and turn over the proceeds to the creditor.
Under Bankruptcy proceedings, a creditor can obtain a judicial lien by filing a final judgment issued against a debtor through a lawsuit filed in state court. A certified copy of a final judgment may be filed in the county in which the debtor owns real property. A bankruptcy debtor can file a motion to avoid Judicial Lien. A Motion to avoid Judicial Lien can be filed by a debtor in either a chapter 7 or chapter 13 bankruptcy proceeding. In a Chapter 7 proceeding, an Order Avoiding Judicial Lien will remove the debt totally.
Ohio Motion to Avoid Creditor's Lien is a legal process used by individuals or businesses to protect their property from being seized or encumbered by a creditor's lien. This motion allows debtors to request the court to remove the creditor's lien on specific assets, such as real estate or personal property, which would otherwise hinder the debtor's ability to manage or sell them freely. There are two common types of Ohio Motion to Avoid Creditor's Lien: 1. Ohio Homestead Exemption: Under Ohio law, debtors can utilize the Homestead Exemption to protect their primary residence from being sold to satisfy a creditor's lien. This exemption allows debtors to keep their home up to a certain equity limit, regardless of the amount owed on a mortgage or other liens. 2. Ohio Personal Property Exemption: This type of motion is often filed by debtors to protect personal property such as vehicles, household goods, tools, and equipment. By filing this motion, debtors aim to exempt their valuable possessions from being claimed by creditors in order to maintain essential items needed for their daily lives or work. When filing an Ohio Motion to Avoid Creditor's Lien, debtors must provide detailed information about the property they aim to protect, including its value, any existing liens or encumbrances, and the legal basis for the exemption they are seeking. It is essential to consult with an experienced attorney who specializes in bankruptcy and creditor-debtor law to navigate this complex legal process successfully. By submitting a Motion to Avoid Creditor's Lien, debtors can safeguard their essential assets and regain control of their financial situation. This legal maneuver allows individuals and businesses in Ohio to protect their property rights and maintain their livelihood despite facing overwhelming debt burdens.
