How to Put a Lien on a Property
Virtually any personal property can qualify to have a lien placed on it. Many goods, however, are difficult to track and so a lien on electronics, clothing, or furniture is very rare. Real estate liens are the most common, with vehicle liens coming in second place. There are two types of liens that the average person can get: a contracting lien or a judgment lien.
What Is a Contracting Lien?
Contracting liens occur when services are rendered for some reason, but the client fails to pay the debt that is owned. Contractors and mechanics often file these liens, but anyone who has done work for someone on a property can file this lien. From landscaping to tiling, even subcontractors can sometimes place this type of lien. To have the lien put onto the property, the creditor must contact the County Clerk in the area where the home is located. A filing to have the lien place must be completed and this will create a court date. If the court affirms the lien, then it will become a right to take possession of the property that has been improved if not paid in full by a certain time.
What Is a Judgment Lien?
Judgment liens occur when services rendered aren't for improving a property. If someone hired a screenprinter to make t-shirts, took possession of the shirts, but didn't pay for them in full, then a judgment lien can be requested. Rather than putting the lien on property and collecting the amount upon sale or when repaid, the judgment lien allows a creditor to take property equal to the amount of services that were rendered as payment. Laws on judgment liens vary by jurisdiction. Most courts will require proof of multiple collection attempts, including placement with a collection agency, before allowing an account to be awarded a judgment lien. Knowing how to put a lien on a property is knowledge that no one ever wants to put into practice. When push comes to shove, however, this is an effective way for a creditor to receive the money they are owned. Contact the local County Clerk, fill out the appropriate paperwork, and then make sure to show up in court.
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