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In most states, the lien is only intended to allow you to state your claim to improvements on the real property. If they owe you money for something else, you can't file a lien and if the improvments were completed more than a few weeks in the past you can't file a lien.

If it's just a simple dispute over what's owed, you may need to go to small claims court.

A Mechanic's Lien can be filed for a nominal fee at the recorder's office in the city or county where the property is located. This type of lien is for work done on the property only such as roofing, siding, remodeling interiors and so forth.

Liens for monies owed for personal loans, credit, etc. can only be obtained by due process of law, meaning the lender must file a lawsuit against the debtor in the appropriate state court.

The majority of small claims courts only allow monetary recovery, they do not allow the plaintiff to execute a judgment as a lien against real property.

Contact the office of the clerk or court administrator in the city or county where the debtor resides to obtain information on the legal procedure necessary.

AnswerYes.

First the lender must sue the debtor in the appropriate state court (usually circuit).

There are filing and court fees associated with all lawsuits, although in some cases whichever party prevails in the lawsuit can recover such costs.

2011-09-12 23:25:24
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