QUESTION

Can I put a lien on property for debt?

Asked on Oct 19th, 2011 on Bankruptcy - Colorado
More details to this question:
Someone owes me money. Can I go to the county office and put a lien on their house as payment without going to court?
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3 ANSWERS

Family Law Attorney serving McDonough, GA at South Atlanta Family Law
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If you performed work on the individual's house and did not get paid, then you can certainly file a lien against the property provided you follow the stringent procedures set out under the Georgia Code. However, if the debt has no relationship to the person's property then you will need to file a lawsuit and obtain a judgement before you can place a lien on the property.
Answered on Oct 20th, 2011 at 10:38 PM

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Unless the debt was for work you did on the house (mechanics lien) you must first get a judgment before you can record a lien against his house. If you just record a lien, you may be liable under the spurious lien statute and slander of title.
Answered on Oct 20th, 2011 at 3:26 PM

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Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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The short answer is no. However, there are exceptions. If you did work on the property, you may have a mechanics lien on the property. If the debtor consents to a lien and executes a deed of trust or mortgage, that needs to be recorded. Unless you fall into one of these exceptions, you may not file a lien on the debtor's property. In fact, filing such a lien can get you into a great deal of trouble. If you file a lien without right, it is considered slander of title and the debtor will be entitled to attorney's fees if he sues you to get it removed. There may even be criminal sanctions for filing a false lien.
Answered on Oct 20th, 2011 at 3:26 PM

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