Fairfax Virginia Release of Judgment Lien on Properties and Assets of Defendant

State:
Multi-State
County:
Fairfax
Control #:
US-00972BG
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Description

A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."


Judgment liens may be created through a wide variety of circumstances. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.

Title: Fairfax Virginia Release of Judgment Lien on Properties and Assets of Defendant: A Comprehensive Overview Introduction: In Fairfax, Virginia, the Release of Judgment Lien on Properties and Assets of Defendant is an essential legal procedure aimed at relieving a defendant from the burden of a judgment lien placed on their properties and assets. This detailed description will delve into the process, different types, and key aspects of the release of judgment lien in Fairfax, Virginia, shedding light on its significance. Keywords: Fairfax Virginia, release of judgment lien, properties, assets, defendant. 1. Understanding the Release of Judgment Lien in Fairfax, Virginia: The release of judgment lien refers to the legal process through which a defendant secures the removal of a judgment lien placed on their properties and assets following a court judgment. In Fairfax, Virginia, this procedure is governed by specific laws and regulations. 2. Importance of Releasing Judgment Lien: Releasing a judgment lien on properties and assets is of paramount importance for defendants as it enables them to regain control over their finances and assets. This process allows individuals to sell or mortgage their property, restoring their financial freedom. 3. Types of Fairfax Virginia Release of Judgment Lien on Properties and Assets: a) Voluntary Release: A voluntary release occurs when the judgment creditor willingly agrees to release the judgment lien upon receiving full or partial payment of the judgment amount. This approach typically involves negotiation and settlement between the defendant and creditor. b) Satisfaction and Release: In this type of release, the judgment creditor acknowledges that the judgment has been satisfied or fulfilled. Upon providing proof of satisfaction, the creditor files a release of judgment lien with the appropriate authority, removing the lien from the defendant's properties and assets. c) Expiration of Lien: In some cases, a judgment lien may expire naturally, typically after a set period defined by Virginia law. Once the prescribed time elapses, the lien is automatically released, freeing the defendant's properties and assets. 4. Process of Obtaining a Release of Judgment Lien: a) Filing a Release: The defendant must prepare and file a release of judgment lien document with the appropriate court where the original judgment was entered. The document should include details of the judgment, the parties involved, and the properties and assets subject to the lien. b) Notifying the Creditor: Once the release is filed, the defendant must serve a copy on the judgment creditor, providing them an opportunity to object or contest the release, if applicable. c) Court Review: If the judgment creditor contests the release or fails to respond within the specified timeframe, the court may schedule a hearing to determine the validity of the release request. d) Issuing the Release Order: If the court approves the release request, a release order is issued, which must be filed with the appropriate authority, such as the county recorder's office, to remove the judgment lien officially. Conclusion: The release of judgment lien on properties and assets is a crucial legal process for defendants in Fairfax, Virginia. With an understanding of the various types of release and the necessary steps, defendants can effectively seek relief from judgment liens, restoring their financial stability and control over their properties and assets. Keywords: Fairfax Virginia, judgment lien, release, properties, assets, defendant, voluntary release, satisfaction, expiration, process.

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FAQ

Under the new Virginia law that became effective January 1, 2022, judgments entered in a Virginia circuit court after July 1, 2021, have a 10-year limitations period and may only be extended up to two additional 10-year periods, for a maximum limitations period of 30 years.

On the form, say that you want to have the court "Enter Satisfaction of Judgment." File your form with the clerk. The clerk may schedule a court date and let you and all other parties know. If the court is convinced that you have paid, the court will enter the satisfaction of judgment.

Satisfaction and release states that a consumer has paid the full amount of debt that was owed to a creditor under a court judgment. A satisfaction and release prevents creditors from attempting to recover more money from the borrower or consumer.

How long does a judgment lien last in Virginia? A judgment lien in Virginia will remain attached to the debtor's property (even if the property changes hands) for ten years.

Satisfaction and release is the formal paperwork stating that a consumer has paid the full amount owed under a court judgment. A satisfaction and release proves that they have paid their debt and prevents creditors from trying to recover more money from them.

Domestic judgments, or those obtained in a Virginia court of law have a collection period of 10 years and may be extended for a long as 20 years. While foreign judgments, or any judgments of a court where the debt did not originally occur, also have a collection period of 10 years but may not be renewed or extended.

Under the new Virginia law that became effective January 1, 2022, judgments entered in a Virginia circuit court after July 1, 2021, have a 10-year limitations period and may only be extended up to two additional 10-year periods, for a maximum limitations period of 30 years.

The general rule, as stated above, is that judgments last for 20 years from the date of the judgment once docketed in the Circuit Court records. However, the 20 years may be extended for an additional 20 years by filing the appropriate document.

A satisfaction of judgment is a document signed by a judgment creditor and generally filed with the court, indicating that a judgment has been paid in full.

Generally, the creditor gives the debtor (person who owes the money/property) the completed Satisfaction of Judgment (form GF-129) to file with the Clerk of Circuit Court and pay the filing fee. Satisfactions of Judgment can be filed electronically via the Wisconsin Courts System eFiling.

More info

In Virginia, a property lien can be used to collect a court judgment. Here's how it works.The judgments were docketed in the Circuit Court of Fairfax County. Judgments of federal courts docketed; lien on property; recordation; conformity with federal law. We will therefore enter an order avoiding the judgment lien. 21 records — For the most complete and up-to-date Courts.

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Fairfax Virginia Release of Judgment Lien on Properties and Assets of Defendant