How do you place a child support lien on real property?

Answer 1

Real Property Child Support LienProperty liens, garnishments, etc. can only be implemented after due process. If a child support order is in effect the court can take whatever means necessary. This ususually involves garnishment of wages rather than a property lien. Altough if there is a large amount of back support due, it is an option. In order to collect a judgment on real property, a forced sale would have to be implemented. A complicated and lengthy process. If the property is jointly owned, a forced sale could probably be avoided.

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I know how it works in Texas. The Child Support Lien is not actually against the property, it's against the debtor. A title company checks for Abstract of Judgements, Federal Tax Liens, Child Support Liens, etc. when a person does a real estate transaction. If any are found the title company will require the lien(s) to be paid off on or before closing the transaction. To my knowledge, the only ones that can take your property(IF IT IS YOUR HOMESTEAD) are: IRS, DEA, TAXING AUTHORITIES, and the note holder. "Investment Property" is treated differently.

Answer 2

First of all the plaintiff should determine if there is grounds a lawsuit in accordance with state statutes. If that is determined to be valid, the party involved files a lawsuit in the court of jurisdiction. If the plaintiff wins the suit, they can obtain a writ of judgment to execute against nonexempt property belonging to the defendant. The suit will probably need to be filed in a circuit or district court, as the majority of small claims courts only award with monetary judgments.

Answer 3

File a lawsuit against the party involved in the court of jurisdiction. If the suit is won by the plaintiff, they will receive a writ of judgment which can be used to place a lien against the defendant's property. When executing a judgment the plaintiff must follow all the pertinent state laws exactly for the judgment to be valid. When executing liens against real property, many factors have to be addressed, particularly the way in which the property is owned/titled under state law.

Answer 4

United States

The laws vary from state to state. Generally, you must file a lawsuit against the debtor in the civil court of jurisdiction. If you win you can request a judgment lien and it can be recorded in the land records. In most states a lien can be placed against jointly owned property to the extent of the percentage owned by the debtor. The exception is marital property held in TBE when only one spouse owes the debt.

The property cannot be sold or mortgaged until the lien is paid.
You don't have the legal authority to place a lien on anyone's property. You must go through the court.

Answer 5

The practices vary from state to state. Generally, first you need to bring a suit in the appropriate court and win. The court will then issue a judgment. You can request a recordable judgment lien from the court clerk. The court will advise you of the state laws for recording. In my state a judgment lien must be recorded by a sheriff.

Answer 6

It is assumed that you are referring to a lien for an unpaid debt since you are asking how you can place a lien on someone else's property. In that case you must bring a lawsuit and win. If you win the court will issue a judgment lien that can be recorded in the land records.