Laws vary by state and my comments are based on California law. There are many procedures that might apply depending on the type of lien you are referring to. If you have a judgment against someone and you know of a third party who owes money to the judgment debtor, you can obtain a writ of exeuction and have the sheriff levy on that claim or you can file a motion for an assignment order transfer the right of payment to you. If the judgment debtor has a judgment against someone else, you can have that judgment assigned to you can you can then collect that judgment.
You can only attach a person's property through a court judgment. The court issues the judgment lien and then the lien is recorded in the land records. When the parties settle out of court there is no perfected "lien".
IF ONE OWNS A HOME & HAS A LIEN PLACED AGAINST THEM IT WOULD ATTACH TO ONE'S HOME & WHEN SOLD, THE LIEN MUST BE PAID OUT OF THE PROCEEDS.
A tax lien is when the IRS files a lien against a tax payer in the courthouse where the taxpayer lives. This lien will attach the the property the tax payer owns. The lien will stay in place until the lien is satisfied or the liability is paid. The lien does not need to be renewd.
State laws vary but generally, a creditor can sue the debtor in court for any deficiency after the repossession and if successful can obtain a judgment. The creditor can then request a judgment lien from the court and once recorded in the land records the lien will attach to the debtor's real estate.
NO, they can attach a lien to be paid FIRST if/when the home is sold.
Both spouses are responsible for the DEBT represented by the lien, but the lien can only attach to the interest of whoever is actually on title to the property.
In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.
The first step is to record the lien in the local land records to attach any real estate owned by the debtor. You should inquire at the court where the lien was issued to determine how the lien should be recorded. In most jurisdictions the sheriff must record the lien.
James, don't know what state you are in But unless your state prohibits it, YES. The lien will "attach" to the property and when she gets ready to sell it, lien will have to be satisfied first. NO.They can only go after what property was secured by the loan.
They can attach anything you own anywhere.
Generally, a lien usually stays on the property against which it was recorded. The exception is state and federal tax liens which attach to after-acquired property.
yes....after they obtain a judgment in court...they can put a lien on your home, file an abstract against your social security number and attach wages and bank accounts...