Transform your daily workflows and Modify Affidavit Of No Creditors

Aug 6th, 2022
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How to Modify Affidavit Of No Creditors

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(uplifting music) - Hey, everybody. Paul from Cary Estate Planning, back with another video as part of our 2020 video challenge. This is continuing on our theme of estate administration. Today, were talking about the affidavit of notice to creditors. So, in addition to the affidavit of publication that we spoke about the previous video, the personal representative has to also swear through the affidavit of notice to creditors that they have put known creditors on notice of the death itself and made them aware of their need to make a claim against the estate, according to the required timeframe. So these things are usually, you know, submitted simultaneously to the clerk of court, along with the inventory of deceased estate and other pleadings around the midpoint of the estate. This is Paul from Cary Estate Planning. (uplifting music)

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A judgment is a debt you owe through the courts due to a lawsuit. For example, if somebody sues you and you lose, then the debt may show up in your credit report. Usually this information stays in your credit report for 6 years.
A writ of seizure and sale is an order issued by a court that allows the petitioner (usually a creditor) to take ownership of a property from a borrower. Once the property has been seized by the creditor, it can be sold, usually at auction.
One method of stopping the power of sale is to apply for a new mortgage to replace the problematic mortgage. Alternatively, if you sell the property before the eviction then all legal actions are stopped.
The writ will expire six years from the date it is issued, unless you renew it for an additional six-year period. A writ may be renewed before it expires by filing a Request to Renew a Writ of Seizure and Sale [Form 20N] with the enforcement office. Each renewal is valid for six years from the previous expiry date.
A document issued by a court requiring or giving authority to put in force the judgment or decree of a court. These are typically given to a sheriff or other officer of the law, or directly to the person who is the subject of the judgment or decree.
The Garnishee Summons is addressed to the Garnishee (person or business owing money to the debtor) and directs that the money be paid into court rather than to the debtor. A Garnishee Summons is in effect for two years from the date of issuance in all instances except where a bank account is garnisheed.
You can apply for garnishment if you have a court order that says the debtor must pay you, and the debtor has not paid you what youre owed. If you want to issue the Notice of Garnishment in a different city than where the payment order was issued, you also need a Certificate of Judgment .
A writ of seizure and sale is a court order that allows a creditor or bank to take ownership of a property from a borrower. Writs of seizure and sale are issued when a borrower has failed to make payments on the loan for an extended period of time.

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