civil judgement question

[b68hawk]

What is the name of your state (only U.S. law)?

Illinois

Five years ago, a civil judgment was filed against me by a creditor. Recently I received a letter threatening to put a lien on my home until the debt is paid, however the mortgage is not in my name it's in my new husbands' name. Can this creditor legally put a lien on the home? Can I file for a motion to vacate the judgement since I am not currently working and therefore am unable to pay the debt owed?What is the name of your state (only U.S. law)?

 

[Just Blue]

What is the name of your state (only U.S. law)?

Illinois

Five years ago, a civil judgment was filed against me by a creditor. Recently I received a letter threatening to put a lien on my home until the debt is paid, however the mortgage is not in my name it's in my new husbands' name. Can this creditor legally put a lien on the home? Can I file for a motion to vacate the judgement since I am not currently working and therefore am unable to pay the debt owed?What is the name of your state (only U.S. law)?

How is the property deeded? If you are unable to pay your debt due to lack of work it is time to get a job. You will not get a judgment vacated due to your unwillingness to work.

 

[JETX]

the mortgage is not in my name it's in my new husbands' name. Can this creditor legally put a lien on the home?

The name on the mortgage means nothing... unless you mean that his name (and not yours) is on the TITLE!! If your name is on the title, he can file a lien.

Can I file for a motion to vacate the judgement since I am not currently working and therefore am unable to pay the debt owed?

You can certainly try to vacate, but your 'excuse' is not sufficient. A vacate will only be awarded if you can show that there was a fault in the judgment itself (improper service, etc.).