Originally posted by womanonfire
View Post
To what extent that a judgement lien attaches and to which property it can attach is State specific. However, they become a secured creditor. Unless the judgement impairs an exemption, you are stuck with that judgement being attached to your property. First rule of bankruptcy, all liens pass through bankruptcy unless voided (with some exceptions).
That is exactly why you don't force a creditor's hand and send them running to the courthouse steps to beat you filing a bankruptcy. A judgement creditor is very different than an unsecured creditor. This means that the debtor is either stuck with the lien, or may be able to file a Motion to Void Lien of Secured Creditor where the lien impacts an exemption. One such impairment could be the exemption on household goods/furniture. But this is only to the extent that the judgement impairs the exemption. What about the exemptions for a vehicle or real property.
I have never done C&D letters but have asked that they not call my cell or work phone. That's about the extent. If you're trying to delay being sued, I can't tell you what works and what doesn't work. I know that telling them that you're going to file bankruptcy "may" send them running to the courthouse steps to obtain a judgement and then a judgement lien.
Leave a comment: