AbstractorPro (Real Title Services)
Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] A little frustrated here this a.m. - David Chisolm/MS (22 replies)
9/26/2007 5:57:49 AM (2541 views)

[+] Gallows Humor? - Kevin Ahern/CT (4 replies)
9/25/2007 2:37:07 PM (5560 views)

[-] Do Judgments always attach? - Thomas W/FL (18 replies)
9/25/2007 10:25:15 AM (2449 views)
Re: Do Judgments always attach? - Kevin Ahern/CT
9/25/2007 10:54:41 AM (2199 views)

In Connecticut judgments in small claims are effective for 10 years. Judgments in the Superior Court are effective for 20 years. Provided the trial court had jurisdiction over the person of the Defendant...the judgment attaches to the person of the Defendant upon expiration of his appeals period (20 days following entry of judgment by the trial court). There is no appeal from the small claims court in Connecticut., but review of the trial court's judgment can be accomplished by filing a writ of error within two weeks of the small claims court's entry of judgment.

Following the entry of judgment and expiration of the appeals period, there are a number of remedies available to a Connecticut Plaintiff. He can seek immediate recovery of damages through  executions ( property, bank or wage). He can also secure the judgment by recording a judgment lien (in the town hall in which defendant's real estate is located and in the office of the Secretary of State to encumber the Defendant's personal property). This will make the Plaintiff a secured creditor in the event that Defendant files for bankruptcy, and the Defendant does not file within the required period of time to discharge the judgment lien as a preferential transfer. It will also make it difficult for the Defendant to seek an extension of credit ( bank loan, car loan, mortgage, credit cards).

There is also the matter of discovery of assets which the Defendant may try to hide. The Plaintiff can serve the Defendant with a post judgment motion for examination of judgment debtor in which he can force the Defendant to disclose all of his accounts, books, and property records. If the Defendant fails to show up for the examination, the Plaintiff can have a capias issued for the arrest and detention of the Defendant until the Plaintiff can reschedule the motion for examination of judgment debtor. Might  be another 30 to 60 days. During that time the Defendant is locked up in the general prison/jail population along with drug dealers, armed robbers and other desperate characters.  I remember one individual that was locked up in New Haven in a cell with someone that was so violent that he had to be handcuffed to the cell to prevent him from hurting other prisoners. The defendants usually become very anxious to pay the judgment within a few hours/days following incarceration.

It would seem that it would be necessary to record the judgment lien in order to give third parties constructive notice that the judgment encumbered the property, but other states may differ from Connecticut.
If the abstractor missed the judgment lien in his search, and the judgment lien were properly recorded...then I would say he is liable for it. In Connecticut judgment liens need to be refiled/renewed every five years for the appropriate period for which the judgment is effective.

 

 

to post a reply: login - or - register


Re: Do Judgments always attach? - STEVE MEINECKE/VA
9/25/2007 11:45:36 AM (2130 views)
Steve/Kevin - Thomas W/FL
9/25/2007 12:07:53 PM (2055 views)
Re: Steve/Kevin - Kevin Ahern/CT
9/25/2007 12:19:24 PM (2153 views)
Re: Steve/Kevin - Thomas W/FL
9/25/2007 1:17:13 PM (2079 views)
Re: Steve/Kevin - Wanda Steudel/OH
9/25/2007 3:02:44 PM (2179 views)
Re: Steve/Kevin - STEVE MEINECKE/VA
9/25/2007 3:04:03 PM (2144 views)
Re: Do Judgments always attach? - David Robertson/VA
9/25/2007 5:25:20 PM (1926 views)
You won't believe this... - Thomas W/FL
9/25/2007 5:33:13 PM (2036 views)
Re: You won't believe this... - Kevin Ahern/CT
9/25/2007 6:12:20 PM (2098 views)
Re: You won't believe this... - Thomas W/FL
9/25/2007 11:43:30 PM (2192 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:22 AM (2148 views)
Re: Do Judgments always attach? - David Chisolm/MS
9/26/2007 12:35:23 AM (2140 views)
Re: Do Judgments always attach? - Steph/RI
10/2/2007 9:42:58 AM (2327 views)
Abstractor Humor - Deborah Manion/VA
10/3/2007 11:22:06 AM (2295 views)
Re: Abstractor Humor - Kevin Ahern/CT
10/3/2007 12:42:19 PM (2349 views)
Re: Abstractor Humor - Patrick Scott/IL
10/3/2007 1:13:05 PM (2343 views)
Re: Abstractor Humor - Scott Perry/PA
10/3/2007 5:29:19 PM (2254 views)

[+] Datatrace - Barbara Bennett/IN (10 replies)
9/24/2007 1:42:05 PM (2610 views)

[+] So ATM is Now Servicelink? - DS/NC (7 replies)
9/24/2007 1:10:32 PM (2839 views)




Lost another one, Nationstar - Amy Tatusko/VA
9/24/2007 12:52:13 PM (3034 views)

[+] Equifax fee redux ???? - george Hubka/MI (4 replies)
9/21/2007 11:03:24 PM (2444 views)

[+] TITLE PLANT - LAWANDA  MCMILLIAN/AR (5 replies)
9/21/2007 10:33:43 AM (2536 views)

[+] What would you include? - Amy Tatusko/VA (5 replies)
9/21/2007 8:50:19 AM (2328 views)

[+] Selling company/non-payment/company names - Mike/KS (5 replies)
9/20/2007 5:56:17 PM (2467 views)

[+] Express Finanacial Article - Jay Duncan/MO (9 replies)
9/20/2007 10:47:28 AM (2559 views)

[+] Basically it boils down to this... - Jay Duncan/MO (16 replies)
9/19/2007 5:54:03 PM (2416 views)

Counselor's Title/Lombard,Il - Barbara Bennett/IN
9/19/2007 5:26:28 PM (2733 views)

[+] Financial Dimension...Reduction of fees - Loretta Reed/MD (5 replies)
9/19/2007 5:07:12 PM (2472 views)

[+] Fidelity National Financial - Irving, TX - Scott Perry/PA (1 reply)
9/19/2007 4:16:56 PM (2511 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8923 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Unveiling the Costs: Why Commercial Title Searches Command a Premium
Security American's Blog
2024/04/17
0 comments

Protecting Your Home: The Ins and Outs of Deed Theft and How to Shield Yourself
Security American's Blog
2024/03/21
0 comments

Exploring the Implications of Eliminating Mandatory Title Insurance
Security American's Blog
2024/03/11
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Consumer and Industry Advocates Highlight Measures to Counter Rise in Elder Real Estate Fraud and Financial Exploitation
In time for World Elder Abuse Awareness Day, the American Land Title Association (ALTA), National Consumer Law Center (N...
May New Home Purchase Mortgage Applications Increased 13.8 Percent
“There continues to be strength in the new home purchase market, as purchase applications increased in May compare...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates were trending lower over the course of last week until a stronger than anticipated employment repo...
More than 900 Housing Professionals Urge Congress to Act on Affordability Crisis
“Members of the housing community from across the nation have come to the nation’s capital for the National ...
ALTA Announces ClosingLock as Elite Provider
Trusted by hundreds of title companies and law firms and supported by financial service providers such as J.P. Morgan, C...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

LOCAL SEARCHERS (PA& EVERYWHERE)-WE PAY
June 04 2024
We are an AMERICAN production and marketplace company, working with most of the major underwriters and Seeking LOCAL independant title searcher(s) for regular work in the following PA counties:
Huntingdon
Mifflin
Juniata
Greene
Warren
Cameron...[more info]


link
email
© 2020, Source of Title.