QUESTION
If I have a judgement against a couple for personal injury, how do I go about putting a lien on their house?
Asked on Dec 04th, 2013 on Personal Injury - New York
16 ANSWERS
Edwin K. Niles
Prepare an abstract of judgment and have it issued by the court. Then record it in the County where the residence is. Then either wait for the property to be sold, or levy execution now. Suggest that you need a lawyer for all this.
Answered on Dec 10th, 2013 at 12:05 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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In Utah, you would file a lien with the County Recorder's Office of the county the debtor's house is located in.
Answered on Dec 06th, 2013 at 8:04 PM
Lisa Hurtado McDonnell
Go or send a copy of judgment and request to the county clerks office record it their records.
Answered on Dec 06th, 2013 at 8:04 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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File it with county recorder.
Answered on Dec 06th, 2013 at 8:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your attorney should be doing that for you. You need to look at your state's statutes regarding recovering money owing under a judgment.
Answered on Dec 06th, 2013 at 8:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If it is recorded it is already a lien. Why don't you talk to a lawyer.
Answered on Dec 06th, 2013 at 8:04 PM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
If you actually have a judgment, that acts as a lien against any real property owned by the judgment debtor. They will be unable to clear title (sell) without satisfying the lien. To actually foreclose the lien and force sale of the house, you need to go through a lot of hoops.
Answered on Dec 06th, 2013 at 8:03 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas it ain't going to happen. Their homestead is exempt from seizure for the payment of debts, including judgments for car accidents. If you're going to collect from them you'll have to find another asset, like a second home. Good luck.
Answered on Dec 06th, 2013 at 8:03 PM
James Eugene Hasser
File a copy of the judgment in probate.
Answered on Dec 06th, 2013 at 8:03 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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File the judgment with the County Clerk's Office. That's all you need to do. It's automatic.
Answered on Dec 06th, 2013 at 8:03 PM
Get a certified copy of the judgment, then record it (like a deed) in the county where their house is located.
Answered on Dec 06th, 2013 at 8:03 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You get an Abstract of Judgment issued by the Court then you record that document in each county where the defendant has property.
Answered on Dec 06th, 2013 at 8:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Hire an attorney to aid you in enforcing the judgment.
Answered on Dec 06th, 2013 at 8:03 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In SC, a judgment is a lien on any real estate owned by the judgment debtor (it is secondary to any mortgage or previous lien). I believe this is the law in most other states. Judgment liens differ from mortgages in some ways. When you do not pay the mortgage, you have a right to foreclose on the property. A judgment lien does not give you this right in the same way. There are procedures to ask the court to sell the property to pay the judgment, but the procedures are not as definite as foreclosure, which is based on a contract, not a judgment. Also, and most important, most states provide for exemptions from execution on judgments. In SC, 50,0000.00 of a debtor's residence is exempt from execution on a judgment.
Answered on Dec 06th, 2013 at 8:03 PM
Thomas Edward Gates
Contact an attorney to do so. You might want to garnish his wages rather than the lien. You will see your money quicker that way.
Answered on Dec 06th, 2013 at 8:03 PM
Ronald A. Steinberg
Get a collection attorney.
Answered on Dec 06th, 2013 at 8:03 PM