https://www.alabamaconsumerlawblog.co...

I'll answer this based on how this is done in Alabama.

First, we see if the judgment is valid. The lien is only as good as the judgment. You can think of the lien sitting on top of the judgment. So if we can knock out the judgment -- the lien falls away. Main way to do this is to show we were never properly served -- if not served, there can be no judgment.

Second, if the judgment is valid, then look to settle it. Once settled, you get a satisfaction of judgment filed in the court where the judgment was entered (Circuit court or District court or Small Claims court).

Then you file a "release of lien" in Probate court -- this is where the lien is filed. The company with the judgment will give you this "release of lien" so you can file it in Probate court. This tells the world that the prior lien is gone. It doesn't exist so it won't impact you selling or refinancing your property.

Hope this helps!

John Watts

John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
http://www.alabamaconsumer.com/

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