Limitations Of The Texas Judgment Lien

The Texas judgment lien is a powerful tool in the judgment collection process. Its power lies in its ability to attach your judgment debt to the debtor's real property. But, there are limitations to that power.

It Only Attaches to Some Real Estate

A Texas judgment lien only attaches to real estate your debtor owns. It has no effect on the debtor's personal property.

Now suppose your debtor does own a home in Texas. Your would, of course, assume that your lien attaches to that home. But, it doesn't. Texas exempts your debtor's personal residence from the power of a judgment lien. It's called a "homestead exemption."

Even though your lien doesn't attach to the debtor's homestead, it does create a cloud on the debtor's title to his home. In other words, you can make it difficult for the debtor to sell his home because your lien creates a question of ownership.

Because of this "cloud" you must release the lien as to the homestead. You don't have to do it until the debtor asks you to do so. But, if the debtor asks, you have to release it. If you don't, the debtor can sue you for damages.

It Attaches to Later Acquired Real Estate

Your judgment lien isn't limited to real estate the debtor owns on the date you create the it. It also applies to any non-homestead real property he acquires at any time after you obtain a judgment. So, if your judgment debtor buys a rent house after you create obtain a judgment, your lien does attach to that rent house.

It Attaches to Inherited Property

When a person dies in Texas, his property immediately becomes the property of his heirs. But, the property is first subject to payment of the debts of the deceased. This is true whether the person dies with or without a will.

If you have a judgment against one of the heirs, it immediately attaches to the inherited property. An executor of the deceased person's estate can, however, sell the property free of your lien. But, he can only do so to pay debts of the deceased.

The Texas Judgment Lien is a powerful collection tool. But, it does have limitation. Being aware of both its power and its limitations will help you make the best use of this tool in your collection efforts.

Debt Collectors Violate The FDCPA When They Sue You After The Statute Of Limitations

Debt Collectors Violate The FDCPA When They Sue Or Threaten To Sue You After The Statute Of Limitations Has Expired

FDCPA - Threat to sue after the statute of limitations may violate FDCPA

Debt collectors love to threaten to sue. When this threat is that there is to know first if the prescription has expired. If so, then the threat is illegal and violates the Fair Debt Collection Practices Act (FDCPA). If we want a free book on debt collectors to stop abuse or have any questions, please do not hesitate to contact me at 205-879-2447 or John Watts www.alabamaconsumer.com Birmingham, Alabama

Debt Collection Statute of Limitations

Debt Collection limitation period is the period granted to creditors to file a claim against the debtor. Statute of Limitations is a law passed in the Legislature, as part of the code of civil law. And 'Statute which is called to the limitations and the statute of limitations. Prescription drugs save a borrower's risk life long debt. It covers the rights of the debtor in a case afterStatute of Limitations.

The requirement is different from state to state with any state law have different periods. The requirement applies to contracts under the Uniform Commercial Code. It covers all types of debt under agreements and oral agreements, promissory notes, open and revolving credit, written contracts, loans, mortgages or car payments. The state period is different for each type of agreement. State RegulationsStatute of limitations can be collected at the state attorney's office in the phone or Internet.

The limitation is calculated from the date of signing the contract. It starts on the date of the crime of first payment or transaction account opened last revolving credit debt. The debtor must present strong evidence to show the date for court proceedings. Credit reports are documents sufficient to show time. TheStatute of limitations may be renewed with partial payments. In some states, the promises are not enough to renew the mandate of the law.

The limitation is an effective tool for consumers to get rid of the debt. However, do not save the defendant from liability. It only provides a benefit to the customer the right to trial. If the customer can demonstrate that its debt is beyond the requirement, the court will excuse you from the refund. The debtreflected in the credit report, even after the prescription. collectors theory can be applied to customers to pay, even absent legal support. However, debtors may limit these disorders due to the Fair Debt Collection Practices Act.