A consummate lien is a type of judgment lien that is established after a court denies a motion for a new trial. This lien is created when a judgment, which is a formal decision made by a court, is recorded. Essentially, it serves as a legal claim against a debtor's property, ensuring that a specified amount of money is paid to the creditor.
Consummate liens are primarily used in civil law contexts, particularly in cases involving debt collection. When a creditor obtains a judgment against a debtor and the debtor fails to pay, the creditor may record a consummate lien to secure their interest in the debtor's property. This can involve various legal forms and procedures, which users can manage with tools like US Legal Forms, providing templates drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A creditor wins a lawsuit against a debtor for unpaid services. After the court denies the debtor's request for a new trial, the creditor records a consummate lien on the debtor's real estate to secure payment.
Example 2: A business files for a judgment against a former client for unpaid invoices. Upon denial of the client's appeal for a new trial, the business records a consummate lien against the client's assets to recover the owed amount. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Allows for a specific duration for judgment liens. |
| New York | Requires additional steps for enforcing a lien against personal property. |
| Texas | Provides exemptions for certain types of property from liens. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Judgment Lien | A legal claim against a debtor's property following a court judgment. | Consummate lien specifically arises after a denial of a new trial motion. |
| Abstract of Judgment | A summary of a court judgment that can be recorded. | Abstracts can lead to liens but are not liens themselves. |
If you find yourself involved with a consummate lien, consider the following steps:
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A consummate lien is a judgment lien that arises after a court denies a motion for a new trial, securing a creditor's claim against a debtor's property.