QUESTION

Can a lien be placed on properties in different states from judgments received in one state?

Asked on May 09th, 2013 on Bankruptcy - Pennsylvania
More details to this question:
I have 2 judgment against me for unpaid credit card debts in Alexandria, VA. I have a home in Alexandria and a 2nd home in Pennsylvania. Since the judgment is in Virginia, can that company place a lien on my home in PA or only the home in Alexandria?
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2 ANSWERS

David M. Axinn
They can file the judgment in Pa., which will create a lien here as well. They cannot get a double recovery, however. You should sit down with an attorney to discuss your options for dealing with this.
Answered on May 17th, 2013 at 4:53 PM

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Yes and no. If a judgment is entered against a person in State A then the judgment can be enforced in state A in any county of state A where the judgment debtor owns property. If the judgment was entered in county B, then it can be transferred and enforced in county C, D and so forth. If, however, debtor also owns property (land or other assets) in state B or another state, then to enforce the judgment, the creditor needs to register the judgment from state A in state B. There are procedures for registration of the judgment and they will involve getting a lawyer from state B and jumping through the hoops. Once it is done, then the judgment can be enforced against any property in state B according to that state's laws. That would include any exemptions under state B's laws. Since you give some more details in your post, I will try to answer you. You do not indicate how the property in PA is owned. Is it owned by you and your spouse or with another person? If so, it cannot be seized even if there is a lien. And it is very unlikely (but not impossible) that the VA judgments would be transferred to PA. VA allows wage garnishment. It will be simpler, cheaper and easier for the creditor to just garnish your wages or seize your bank account if you have one. And if you do have a bank account in VA, either get your name off there (if it is a joint account with someone else) and either do not have a bank account or get an online account at an online bank or else bank at a credit union or very small community bank 25-50 miles from your home or, since you own property in PA, bank at a bank or credit union that is ONLY in PA (stay away from Bank of America, Wells Fargo, PNC or any other multi-state bank). Because you have 2 judgments, you need to think about resolving them in some way or fashion.
Answered on May 17th, 2013 at 4:53 PM

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