Can you put a lien on someones house if they owe you money?

Answer 1

A creditor must sue in civil court, obtain a judgment and then request a judgment lien that can be recorded in the land records. A judgment can be rendered for different types of debts such as default on a promissory note, credit card debt, personal injury award, wrongful death, etc. Once a judgment lien is recorded in the land records the property cannot be sold or mortgaged until the lien is paid off. Interest begins to accrue as soon as the favorable judgment is issued.

Mechanic's liens are in a different category than other types of liens. They are intended to protect contractors. A mechanic's lien can be recorded by anyone who supplied labor or materials to make improvements to a property, including plans and designs. These are exclusively a product of state legislation and vary from state to state. Most require that the lien be the result of work performed by a licensed contractor or a licensed business which normally supplies building materials to construction sites and that the amount of the lien not exceed the normal and routine value of the work performed or materials provided.

However, to have an enforceable lien, it usually must be "perfected" in compliance with with the statutory requirements for maintaining and enforcing the lien. These requirements, which contain time limits, can include the following:

• Providing the required preliminary notice to the property owner disclosing the entitlement to the lien (some states).
• Filing notices of commencement of work (some states).
• Filing notices in the required public records offices of the intention to file a lien if unpaid (some states).
• Filing the notice or claim of lien in the required public records offices within a specified period of time after the materials have been supplied or the work completed (all states). The law varies from state-to-state on both the triggering event and the timing of this. Some states require the filing within a period measured from the time when the claimant completes its work, while others specify the event as being after all work on the project has been completed. The filing time periods after the triggering event vary, with 4-6 months being common.
• Filing a lawsuit to foreclose the lien within a specified time period.
• Those states that do not require a civil court judgment generally include significant penalties for falsely attaching mechanics liens to property.

For any substantial amount owed you should contact an attorney who can review your situation and explain your options in your state.

You should not file a lien or begin any legal action against a person without first contacting an attorney. If you make an error in preparing and/or filing the lien documents, the lien may be voided and you may be held liable for the other party's attorney fees. Incorrectly prepared lawsuits can have the same result. If you do not have a lot of money for an attorney, look in your phone book for the attorneys (usually "sole practitioners" who do not have an ad) who offer free consultations. You cannot afford not to talk to an attorney.

Answer 2

Sue the owner, win, and file the judgment with the recorder of deeds, or

secure the owner's notarized agreement (for example a mortgage) granting you a lien and file it with the recorder of deeds or

perform work on the house and file a mechanic's lien against it or

be a governmental entity and file a tax lien, or

be a lawyer and handle litigation to help the owner secure or clear title.

If you wrongfully file a lien against someone's house, you can get in a great deal of trouble and may be prosecuted criminally and/or sued for slander to title. So, filing liens against someone's home is not something you should do without legal advice.

Answer 3

First, you have to have performed professional improvments to the home. It generally can't be for amateur work, it has to be contractors only. Next there is usually a time limit, and if that time limit has expired, it's too late. Last, you fill out a form and record it with the county recorders office... At least that's the process in most states. If you are a lender, the homeowner/borrow would need to sign a promissory note and sign a deed of trust or mortgage against the property. If someone owes you money and fails to pay, you need to obtain a judgment by suing them in court. Once you have a judgment, you can get a judgment lien from the court and record it to create a lien on any real property in the judgment debtor's name. Sometimes this is called an abstract of judgment. They file appropriate papers with the deed in the county courthouse. I believe that all jurisdictions require that the property owner be notified of the lien. *The only type of lien that can be placed against property without a court judgment is a Mechanic's Lien. A Mechanic's Lien can be filed by a contractor, subcontractor, building materials supplier, laborer, etc. that has done repairs of improvement on the property for which the lien is being sought. The lien is placed against the property by the petitioner filing out the required forms and supplying the necessary documents to prove the claim valid, in the office of the county clerk or the county recorder's office in the state and county where the property is located. File a lawsuit in the appropriate state court. If the plaintiff wins the case, a judgment is entered against the debtor/defendant and in most instances a judgment can be executed as a lien against real property owned by the debtor. A Mechanic's Lien is filed at the office of the County Recorder using filing procedure as required by state law in the county in which the property is located.

Answer 4

It depends on what the debt is the result of. If the debt was incurred because of unpaid services rendered or goods delivered to their property, then, yes. For all other debts, you will need what is called a judgment lien. A judgment lien is where you sue someone, and are awarded a judgment against them. If the judgment is not paid, it can be filed in the property records, and creates a lien on the debtor's property.

Answer 5

You don't. If you're not financing the car, you have no claim to the car, unless a court awards it as part of a settlement. You can't just put a lien on someone's car because they owe you money. The only way you can do this is if you're selling them the car and allowing them to make payments on it. And you do that before they get a chance to get behind on their payments, and while you still hold the title.

Another Perspective

Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.

If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.

Answer 6

Sue them; if you win or they don't show up, the judge will allow a lien to be placed against their property , usually real estate.

Answer 7

You can request a judgment lien from that court and arrange to have it recorded through the court in the land records. In many jurisdictions the sheriff's department records judgment liens.

Answer 8

Yes, if you have proof that someone owes you money you can go to the courthouse and file a lien on their home, land, car, etc..

Answer 9

No, that's not possible.