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Answered 2015-12-09 11:53:28
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.
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Can you put a lien on someones house if they owe you money?
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..
Can a lien be put on someones vehicle if they owe rent money?
In this particular state you can not put a lien on a vehicle. There are 49 other states in the Union.
How do you put a lien on someones house after you obtain a judgment against them for the money they owe you?
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.
What is a land lien?
A land lien (or property lien) is used to inform the public you owe money on the house. It is often printed in the local newspaper.
Does a lien affect your borrowing capability?
Of course. A lien is evidence of money you owe. A lender would require that you pay the lien before it loans you more money.Of course. A lien is evidence of money you owe. A lender would require that you pay the lien before it loans you more money.Of course. A lien is evidence of money you owe. A lender would require that you pay the lien before it loans you more money.Of course. A lien is evidence of money you owe. A lender would require that you pay the lien before it loans you more money.
What if a lien is on your house?
You can not sell your house or if you die your home will go to the people who have a lien on your home.The best thing to do is to pay off the lien which is usually someone or a bank you owe money.
Can you have a lien put on someones own home if they owe monies from another job site?
Mechanic's lien- no.Mechanic's lien- no.Mechanic's lien- no.Mechanic's lien- no.
Can a landlord put a lien on your house?
If you have a landlord then you don't own the house. A lien on a house would be against the owner of the property. The landlord owns the house and they wouldn't place a lien on their own property.If you owe a debt to a landlord they can file an eviction in the housing court and file a lawsuit against you for the money you owe.
Can a sewer company put a lien on your house?
If you owe it money and they sue you in court and win then yes, they can obtain a judgment lien against you that can be recorded in the land records.If you owe it money and they sue you in court and win then yes, they can obtain a judgment lien against you that can be recorded in the land records.If you owe it money and they sue you in court and win then yes, they can obtain a judgment lien against you that can be recorded in the land records.If you owe it money and they sue you in court and win then yes, they can obtain a judgment lien against you that can be recorded in the land records.
Can your mother put a lien on your house?
If you owe her money, sure she can. But first, she must sue you in court and get a judgment lien against you. That lien can be recorded in the land records and you can't sell or mortgage your property until that lien, and the interest, is paid off.
Can a electrical contractor put a lien on your house?
Yes. If the contractor has performed work on the house, and has not been paid, he may file a lien. Even if you truly don't owe the contractor any money, he may still file a lien; eventually, he will have to prove its validity in court or the lien is released automatically.
Can you put a lien on your own business?
No, of course not. You cannot owe yourself money. You cannot enter into a contract with yourself therefore there would be no legal basis for a lien.No, of course not. You cannot owe yourself money. You cannot enter into a contract with yourself therefore there would be no legal basis for a lien.No, of course not. You cannot owe yourself money. You cannot enter into a contract with yourself therefore there would be no legal basis for a lien.No, of course not. You cannot owe yourself money. You cannot enter into a contract with yourself therefore there would be no legal basis for a lien.
Can your mother put a lien on your vehicle?
If you owe her money and she can prove it, yes.
Can I put a lien on someone's bank account if they owe you money?
Take them to court where they can then apply a lien if repayment is not met.
How can a judgment put a lien on your land?
If you owe money that you won't pay the creditor can sue you in court. If they win the court will issue a judgment lien that includes all the costs and interest. The lien can be recorded in the land records. You cannot mortgage or sell your real property until the lien is paid. If the lien is large enough the creditor can also force the sale of your home and deduct the money you owe from the proceeds.If you owe money that you won't pay the creditor can sue you in court. If they win the court will issue a judgment lien that includes all the costs and interest. The lien can be recorded in the land records. You cannot mortgage or sell your real property until the lien is paid. If the lien is large enough the creditor can also force the sale of your home and deduct the money you owe from the proceeds.If you owe money that you won't pay the creditor can sue you in court. If they win the court will issue a judgment lien that includes all the costs and interest. The lien can be recorded in the land records. You cannot mortgage or sell your real property until the lien is paid. If the lien is large enough the creditor can also force the sale of your home and deduct the money you owe from the proceeds.If you owe money that you won't pay the creditor can sue you in court. If they win the court will issue a judgment lien that includes all the costs and interest. The lien can be recorded in the land records. You cannot mortgage or sell your real property until the lien is paid. If the lien is large enough the creditor can also force the sale of your home and deduct the money you owe from the proceeds.
Can a personal lien be placed on a relatives property if a loan is not repaid?
Not sure what you mean. You have to sue them in court, if they owe you money. Then, if they don't pay you could garnish their wages. You'll need an attorney to place a lien. If you owe money, no one can put a lien on a relative's property.
Can you put a lien on a company's bank account if they owe you money?
yes i woulb put a lien for the back rent that is due
How does one sell his or her home on which the IRS has placed a lien?
To sell your home, you put a FOR SALE sign out front. If the value of the lien is less than what you will get out of the house, then when you sell the house and pay off the lien, you get the rest of the money. If the lien is for more than the house is worth and you are ready to move elsewhere, you hand the keys to the IRS and say. "Here, have fun. It is all yours." At that point you owe more on the house than the house is worth.
What does a lien on your car title mean?
you owe somebody money and your car was used as collateral
Can you put a liens on someone's property if they do not owe you money?
No. A lien is issued by a court after it has determined that someone owes you money.No. A lien is issued by a court after it has determined that someone owes you money.No. A lien is issued by a court after it has determined that someone owes you money.No. A lien is issued by a court after it has determined that someone owes you money.
Can a creditor put a lien on your mortgage over a 2000 dollar unpaid student loan?
Yes. If you owe a creditor money and you have an asset (such as a house), a creditor can put a lien against your asset for any amount, even $1.
How much do you need to owe the state of california before they place a lien on your property?
The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.The state can record a lien against your property for any amount you owe.
Can someone put a lien on your property when you don't owe them any money?
No as a judgment is required from a judge which means you legally owe restitution for something.
Can you put a lien on someones home because they owe you money?
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.
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