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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33704
Experience:  15 years real estate, Realtor. Landlord 26 years
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Barrister A judgment lien against my

Customer Question

for lawyer Barrister
A judgment for a lien against my brother for fees, and serveal heirs jointly owns the property in South Carolina, Aim I liable for my brothers debt for the realtors commission dispute due to the fact that the property is jointly own and not divided,can the realtor force a sell on all property to collect his fees can the realtor garnish our wages for his fees. will all property jointly own have a lien how can I get my share
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.
Hello again,.If you were not a defendant in the lawsuit and only brother was, then the realtor can only go after brother for collection..The problem here is that he can go after anything that brother owns, including his interest in the jointly owned property and force a sale of it by liening it and then foreclosing on that lien to force a sale. However, that is kind of a long and expensive process for the realtor, so it is much more likely that he will just get a wage garnishment on brother or seize any bank accounts that he may have..But if he did file a lien on the property, it covers the entire property and would have to be paid off before it could be sold...thanksBarrister.
Customer: replied 7 months ago.
In south Carolina aren't wage garnishment laws are among the most restrictive in the nation even on Judgements won in the state court. what will they do sell all land for payment what about the joint heirs 0wners on the property my brother is disable
Customer: replied 7 months ago.
my brother lives out of the state of state he lives in California not south Carolina where the property is, can they garnish his retirement in California, can they garnish his wife wages she is not a part of this suit he inherited the property before he was married
Customer: replied 7 months ago.
I will rate you after the above questions please patsy
Expert:  Barrister replied 7 months ago.
I am sorry for the delay, was out of office all day long. You are correct, SC doesn't allow wage garnishment, it is NC that does. I apologize for any confusion..But if brother is in CA, they can garnish his wages, but not any retirement, as that is exempt under federal law. And no, if wife wasn't a defendant, they can't garnish her in any way...thanksBarrister

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