Full question:
I owe about $66,000 to credit cards. I have real estate valued at around $180,000. My question is, can the credit card companies or lawyers tie up my property without my day in court? Can they get a judgment without going to court on any of my real estate?
- Category: Debts and Credit
- Date:
- State: Alabama
Answer:
While it is unlikely, it is possible that Plaintiffs could attach your real property
pending the outcome of a trial on whether or not you were liable on the
debts. Attachment in legal terminology means a preliminary legal seizure of
property to force compliance with a decision which may be obtained in a
pending suit. Before a final judgment is issued, the court may order the
sheriff or other proper officer to seize any property; credit, or right,
belonging to the defendant, in whatever hands the same may be found, to
satisfy the claim which the plaintiff has against him. An order of attachment
can only be issued when a debtor is shown to be fleeing or concealing
themselves from the legal process, so that the attached property can satisfy
a judgment that may be awarded in the complainant's favor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
