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Can you file a lien on a property and file suit at a later time?
Wiki User
∙ 15y ago
No. Not unless you are a contractor and file the suit within the statutory time period required.
Generally, you would have no personal authority to encumber someone's property. You would need to prove your case in court in order to obtain a judgment in your favor.
Wiki User
∙ 15y ago
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Can a credit card company put a lien against your property in North Carolina?
Yes, if they file suit and receive a judgment the creditor can execute the judgment as a lien against the debtor's property.
How do you file lien on property that you have a promissory note on?
You need to sue the debtor in court and win. If you prevail in your suit you can request a judgment lien. The lien can be recorded in the land records if the debtor owns real property. The property cannot be refinanced or sold until the lien is paid. Generally, personal property can be seized by the sheriff to satisfy your lien.
Can you sell property if you bought the same property off some one who has a civil suit against him?
As long as there is no lien on the property you can. If the civil suit is pending, then no judgment lien has attached to the property and you can buy it free and clear. If the civil suit relates directly to the property, the plaintiff may have put a lis pendens on it which is a type of pre-judgment lien that is permitted in some cases when the lawsuit is over the property itself. In addition, if the suit is for work done on the house by a contractor, there may be a mechanics' lien on the property. This is another pre-judgment lien that is permitted. In any event, if the civil suit is merely an action on a debt or a tort, the mere pendency of a civil suit does not create a lien on the property. Absent a lis pendens or mechanic's lien, the property may be purchased from the defendant and sold.
What should you do if a credit card company put a lien on my house in California?
If the lien is attached to a valid debt, the only recourse the debtor has is to pay the amount of the lien. If the judgment debtor believes the lien to be faulty he or she has the legal right to file suit to have the lien removed from the encumbered property.
What can a Landlord lien of a Tenant's to recover Property Damages in Florida?
To receover property damage in Florida the landlord must file a suit against the tenant. If the landlord wins he can collect using usual means of collecting on a judgment. If the tenant has property then a lien can be placed on it to satisfy a judgment. But if the lien is on a primary home then he cannot be forced to sell the home per homestead laws.
Can a lien be placed on property for nonpayment if you have cancelled checks to prove a 5000 dollar loan to a friend?
Yes. Any creditor can file suit in the appropriate court. If the case is won, a writ of judgment can be issued, and a lien can be placed against any real property of the defendent. It depends what state you are in.
How do you place a lien on personal property to cover a loan?
The lender will need to file a lawsuit against the borrower in the state court of jurisdiction in the county in which the borrower resides. The simplest method is by use of small claims, although recovery amounts are limited and in the majority of US states a small claims judgment cannot be used as a lien against real property Contact the clerk's office of the court in which you want to file suit for information on filing procedures.
What lien would a judge impose on property for late alimony?
A judge would not do such a thing. The person to whom the alimony is owed would need to file a civil suit to have the obligated ex-spouse honor the terms of the divorce decree. If he or she won the suit they would be granted a judgment and said judgment could be executed as a lien against real property owned by the judgment defendant. Once a divorce decree has been finalized the party wishing to enforce or amend the terms when the other person is not voluntarily agreeable to the action; must file suit in the appropriate state court to do so. The judge who issued the final decree is no longer a part of the situation and has no power of enforcement unless a suit is filed in his or her court's jurisdiction. All property liens encumbered the named property to the extent it cannot be sold, obtain additional financial (loans) acts or have a title of ownership transferred until the lien is paid. The exception to such, is if said property is jointly owned and if so, how said property is titled.
What are your rights if a mechanic lien is filed?
If the mechanic's lien is legitimate, the rights lean in the mechanic's favor. The person who recorded the lien has a certain period set by state law to perfect the lien by a civil suit. During the pendency of the lien the property cannot be sold or financed. If the lien is pursued in civil court the mechanic may obtain a judgment lien that will encumber the property until it is paid or expires under state law.
Exactly what types of professional persons are allowed to place liens on property in Florida?
Any person who is owed a valid debt by a property owner can file suit and if awarded a judgment can enforce that judgment as a lien against real property owned by the debtor. If the debt owed qualifies under the laws relating to Mechanic's Liens, then the person or business that is owed the monies does not need to follow due process through the court but can file such a lien with the county recorder's office in the county where the encumbered property is located. However, as a general rule, Florida has unlimited homestead exemption, which does not negate the rights of a creditor to place a lien against the property but it does prevent the forced sale of said property in order for the judgment holder to collect the debt.
Can you recover the cost of paying a property lien from your ex spouse?
Yes, you can but there are questions:Do you have to give the ex wife proceeds from the sale?? If yes, deduct the lien amount from her proceeds.If not, depending on the amount of the lien, is whether you can file yourself (depends on the state you arein) or you need the help of an attorney.You might also want to file that same judgment in the state or county where she lives if it is not the samecounty as where you are filing.AnswerYou can't put a lien on your ex-wife, only an asset. You can sue her, however. Liens are obtained by means of a lawsuit judgment.If the ex-wife relinquished the property in the terms of the dissolution petition she is no longer liable for encumberances(liens) or other legal action against said property in which case a suit is not posssible.This applies whether the lien(s) have been perfected or not.
How do you sue someone for vandalism?
File a suit for damages or DEPREDATIONS TO PROPERTY in Circuit Court.
