Someone who is owed money is generally not able to just put a lien on property without first securing a judgment.
Securing a judgment requires the creditor to sue the debtor.
This may be through circuit court in many jurisdictions.
If under a certain dollar amount, this suit may be through the small claims court.
How do you file a lien?
File your lien.
- If you’re claiming a lien on real property, it must be filed in the recorder’s office of the county where the property is located.
- Expect to pay a filing fee between $25 and $50 depending on the location where you file.
How long does a contractor have to file a lien in California?
What are the different types of liens?
Here are some of the most common types of liens.
- 1) Property tax lien. As you might suspect, this concerns the right of the government to collect taxes from owners of real estate.
- 2) Mechanic’s lien.
- 3) Judgment lien.
- 4) Mortgage lien.
How do I put a lien on a company that owes me money?
Before you can place a lien on business property, you must first have a court order – a judgment – directing the debtor to pay what is owed. After filing a claim with the court and submitting proof of the amounts owed to you, the business must answer and explain why the debt is not owed.
Can I put a lien on someone’s car if they owe me money?
If you’re loaning someone money to buy a car, you’ll want to make sure the debt gets repaid. Filing a lien gives you a claim over the vehicle in the event the borrower misses her payments. Similarly, you can file a lien if you have done work on a car and the owner owes you money.
Who can put a lien on a property?
A lien attached to your property puts others on notice that you owe the creditor money. Before you can sell your property and give clear title to a buyer, you must pay off the lien. Liens usually attach to real estate, but they can also attach to personal property in some situations.
Can you sell a house that has a lien on it?
Selling a House With a Lien on It. If you want to move, but have a lien on your house, you still have options. A house can be sold “as is” when there is a lien or judgment against the property or seller. You don’t have to pay these settlements before closing—liens against houses can be paid in multiple ways.
Can an unlicensed contractor file a lien in California?
If a license is required for the work performed, an unlicensed contractor NOT ONLY cannot file a valid mechanics lien, but s/he also cannot file suit to recover, either. In California, unlicensed contractors are not entitled to be paid – period – for anything, and will be thrown out of court if they sue to get paid.
What type of lien has highest priority?
The first lien has a higher priority than other liens and gets first crack at the proceeds of sale. If there are any sales proceeds left after the first lien is paid in full, they go to the second lien—like a second mortgage lender or judgment creditor—until that lien is paid off, and so on.
Photo in the article by “Wikipedia”