What is a Judgment Lien phrase? If you wonder, we can say that this phrase refers to an opportunity that the creditor gains due to the debtor’s failure to pay his debt on time. In order to ensure the collection of the debtor, the debtor’s property and rights are seized through the executive and property directorate and the debt payment procedures are carried out. The subject of the foreclosure is the amount of the debtor’s receivable on his immovables, movables, and rights. When the creditor can not get his debt, he applies to the enforcement office and makes a request to initiate enforcement proceedings. As a result of the execution proceeding request, an execution order or payment order is received from the enforcement office to the debtor.
If the debtor wishes to appeal to the payment orders, he can appeal within the legal period. If the debtor does not object within the legal period, execution proceedings become final. After the execution proceedings are finalized, the debtor’s cash in the bank, his house, and real estates are foreclosed. In short, a judgment lien is created when somebody wins a lawsuit against you and records the judgment or verdict against your property.
In addition, there are three ways to remove a judgment lien below:
- Pay the lien,
- Request the removal of the attachment by a court decision, Avoid lien.
Removal of Lien
There are three ways for the debtor to remove the lien on the property and rights.
- With the expiration of the periods in the enforcement and bankruptcy law, the attachment is lifted,
- At the request of the creditor or the creditor’s attorney, the judgment lien is lifted.
Removal of court lien by law
The enforcement office does not act on its own to lift the lien. The borrower must have a request. The debtor must request the removal of the attachment himself. What are the deadlines for lifting the lien? Periods in the enforcement and bankruptcy law are 6 months for movables and 1 year for immovables. The judgement lien removal process on immovables is through a warrant. Because the confiscation of the immovables is put by warrant.
Removal of the attachment at the request of the creditor or the creditor’s attorney
At the request of the creditor or the creditor’s representative, the judgement lien can be lifted with or without fees. The creditors can always claim this. If the creditor requests the removal of the attachment by waiving his receivable, the follow-up amount is calculated. However, the waiver fee is calculated over the follow-up amount and the creditor has to pay the waiver fee. In the case of external collection, the creditor may declare to the execution file that he/she collects externally and remove the lien. For this, the fee is calculated by the enforcement office. If there is more than one attachment in the file with the decision of the Supreme Court, there is no need to pay the fees when requesting the removal of one of the foreclosures. However, if there is a situation that the foreclosure was made illegally, the debtor can request the court to remove the attachment. Thus, attachment can be lifted by court orders.