Do you have to have a lawyer to put a lien on someones house?

Answer 1

Technically speaking, no. However, if you want to be sure you've done it right and in such a way that it will actually stand up in court if challenged, having a lawyer is probably a good idea.

Answer 2

The only type of lien that can be placed upon real property without the necessity of a judgment order is known as a Mechanic's Lien.

Such a lien is used when work (building, repairs, etc.) has been contracted for and done on a private residence and/or business. For example, a roofing company replaces a roof and the owner of the property fails to pay the amount owed. The roofing company/person can after attempting to collect the debt in the regular manner, file a lien against the non compliant customer/debtor with the clerk of the court in the county where the property is located.

States enact their own statutes concerning such issues, so it is advisable that the parties considering such action consult with an attorney or legal advisor before taking action. The documents needed and general information can be obtained from the office of the clerk of the civil court.

Answer 3

Yes. If you are successful the court will issue a judgment lien that can be recorded in the land records. The debtor's property cannot be financed or sold until the lien is paid.