Levy questions

G

Gamer117

New Member
Jurisdiction
Tennessee
I have some questions about the levy of real property, specifically taking the debtors home.

I have a Judgement, a lein on the debtors property and recently did a title search. There is only a deed of trust for 10k to I assume a relative and property value of 128k, plus 2 expired leins.

I know I need a wit of execution from the court clerk for the sheriff of that county.
I read somewhere that a bond is also needed ?
And the sale needs to be publish it in the newspaper 3 times ?

What is the cost normally to do a levy/foreclosure on real property and would I able to collect from the debtor the cost put into the levy and sale ?

or if I filed a motion to sell the real property according to TN Rule 69.07(4).

Tenn. Code Ann. § 16-3-406, when a Rule is in conflict with any other law, the Rule prevails.

Last but not least,
A Judgement lein is considered secured debt, would it be a waste of time if the debtor attempts to file bankruptcy ?
 
I don't think you have that cite correct. Executions are covered in title 26.

No, a lien is not a waste of time. Tennesse (at least currently, there's been bills in the past few years to change this) is a rather creditor friendly state with regard to homestead exemptions from execution. If there's really only $10,000 in senior liens, you do stand a chance to collect (if anybody will actually buy the property during the action).
 
Gamer117 said:
I have a Judgement
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For how much?

Gamer117 said:
I read somewhere that a bond is also needed ?
And the sale needs to be publish it in the newspaper 3 times ?

What is the cost normally to do a levy/foreclosure on real property and would I able to collect from the debtor the cost put into the levy and sale ?
Click to expand...

As to the third question here, only someone who practices in your locality will be able to say intelligently how much something like this is going to cost. More generally, the likelihood that anyone with any knowledge of Tennessee laws and procedures in this area will happen upon your post is really low. Some folks who post here regularly are attorneys, but many are not, and I don't believe anyone who posts here regularly is from Tennessee.

As someone who has a significant amount of experience in debt collection matters, I can tell you that having a judgment debtor's personal residence sold to satisfy an ordinary civil money judgment virtually never happens. You should consult with a debt collection attorney in the area where your debtor lives.

Gamer117 said:
A Judgement lein is considered secured debt, would it be a waste of time if the debtor attempts to file bankruptcy ?
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No, a lien (not "lein") is not a debt (secured or otherwise), but a lien may be (and often is) based on a debt. Also, if someone merely "attempts to file bankruptcy" but doesn't succeed, that attempt will be irrelevant (and you'd likely never know about it). You would only need to be concerned if your debtor actually files for bankruptcy. If you have perfected a judgment lien and your debtor files for bankruptcy (let's assume for the moment that he/she does so under Ch. 7), and if the court orders a discharge, your judgment will no longer be enforceable, but your judgment lien against the property may survive. That would likely only be meaningful to you if the debtor seeks to sell the property before the expiration of your lien.
 
flyingron said:
I don't think you have that cite correct. Executions are covered in title 26.

No, a lien is not a waste of time. Tennesse (at least currently, there's been bills in the past few years to change this) is a rather creditor friendly state with regard to homestead exemptions from execution. If there's really only $10,000 in senior liens, you do stand a chance to collect (if anybody will actually buy the property during the action).
Click to expand...

Sorry, It is actually
Rule 69.07: Execution on Realty. | Tennessee Administrative Office of the Courts
TN Rule 69.07(3)
(3) Levy. As long as a judgment lien is effective, no levy is necessary; the judgment creditor may move for an order of sale. Otherwise a levy occurs when the sheriff exercises control over the judgment debtor's realty. The first judgment creditor to deliver a writ of execution to the sheriff, as shown by record in the clerk's office, has priority over other judgment creditors as to the realty levied upon.

I found the above through
How to Conduct a Sheriff's Sale of Real Property in Tennessee: It Depends on Who You Ask
 
zddoodah said:
For how much?



As to the third question here, only someone who practices in your locality will be able to say intelligently how much something like this is going to cost. More generally, the likelihood that anyone with any knowledge of Tennessee laws and procedures in this area will happen upon your post is really low. Some folks who post here regularly are attorneys, but many are not, and I don't believe anyone who posts here regularly is from Tennessee.

As someone who has a significant amount of experience in debt collection matters, I can tell you that having a judgment debtor's personal residence sold to satisfy an ordinary civil money judgment virtually never happens. You should consult with a debt collection attorney in the area where your debtor lives.



No, a lien (not "lein") is not a debt (secured or otherwise), but a lien may be (and often is) based on a debt. Also, if someone merely "attempts to file bankruptcy" but doesn't succeed, that attempt will be irrelevant (and you'd likely never know about it). You would only need to be concerned if your debtor actually files for bankruptcy. If you have perfected a judgment lien and your debtor files for bankruptcy (let's assume for the moment that he/she does so under Ch. 7), and if the court orders a discharge, your judgment will no longer be enforceable, but your judgment lien against the property may survive. That would likely only be meaningful to you if the debtor seeks to sell the property before the expiration of your lien.
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The debtor still owes me around 22k with interest.
 
New Question From OP:

Gamer117 said:
I have a judgment and a judgment lein on the debtors property and did a title search.

I need to know what the sheriff needs in order to levy the home/property of the debtor.
Is wit of possession the same as execution ?
I've talked to the court clerk and sheriff in both the counties, one where I got my judgment and the other where the debtors property is located. Nobody can seem to answer what they need. I got a wit of possession to fill out, the clerk didn't actually know if it was correct.
I would like the sheriff to seize the property and auction it off to pay off the judgment amount owed.
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Response:

justblue said:
Neither the clerk nor the sheriff should be advising you. Go to an attorney and ask what steps you will need to take.
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(Gamer: please keep all future discussions about this topic to this thread. Your other thread has been removed.)
 
Gamer117 said:
r's realty. The first judgment creditor to deliver a writ of execution to the sheriff, as shown by record in the clerk's office, has priority o
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As I told you in March, it's "lien," not "lein."

Gamer117 said:
I need to know what the sheriff needs in order to levy the home/property of the debtor.
Click to expand...

As I also told you in March, having a judgment debtor's personal residence sold to satisfy an ordinary civil money judgment virtually never happens. You should consult with a debt collection attorney in the area where your debtor lives.

Gamer117 said:
Is wit of possession the same as execution ?
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"Writ," not "wit." And no, a writ of possession and a writ of execution are not the same thing. A writ of possession is what a landlord gets after evicting a tenant and may also be given where a court has ordered that the plaintiff is entitled to a particular piece of property in the defendant's possession. You likely want a writ of execution, but again, you should consult with a local attorney. AFAIK, no one who posts here is even in Tennessee, much less is a lawyer with experience enforcing civil money judgments.
 
Nicole AWB said:
This zddoodah person is an amateur grammar police. And so useless.
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If one loses the ego, one will realize that these corrections, while seemingly pedantic, will often serve one well when trying to gather information or accomplish other tasks. It's always better to know what one needs to ask for, and how to ask, before one asks.
 
zddoodah said:
And exactly how useful have your contributions to these boards been?
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She apparently believes that plagiarism is acceptable. Kind of ironic considering that she's only here to find out how to protect her own intellectual property.
 

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