South Carolina Avoid Judicial Lien (Motion)

State:
South Carolina
Control #:
SC-SKU-0040
Format:
Word
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Avoid Judicial Lien (Motion)

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FAQ

Creditors may be able to garnish a bank account (also referred to as levying the funds in a bank account) that you own jointly with someone else who is not your spouse. A creditor can take money from your joint savings or checking account even if you don't owe the debt.

Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under.

Exemptions to Collecting Judgments in South Carolina Even if the debtor has assets, judgments are subject to exemptions in South Carolina. For example, there is approximately a $50,000 ?exemption? on someone's primary residence. The first $50,000 equity cannot be touched by a creditor.

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.

20 year period under 29-1-10 may apply. 20 Years from maturity (or date of mortgage, if no maturity date).

More info

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.WHEREFORE, Debtor requests that this court issue an order avoiding Creditor's lien in the form of the Attachment to this motion. Executed on (date):. Debtor's entitlement to an exemption is impaired by: a. Lien on Real Property (Starting the Process on Lien). Under the right circumstances a debtor in bankruptcy can avoid judgment liens and consensual liens. If the bankruptcy court grants the motion, then the judgment creditor will no longer have a lien on your house. § 522(f) and LBR 9013-1(o), Debtor(s) moved to avoid a judicial lien on real property claimed to be exempt. Motion without prejudice to the Debtors refiling an amended motion.

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South Carolina Avoid Judicial Lien (Motion)