A lien is an assertion of a legal interest. For example, if you hire a contractor to build your home, and you don't pay the contractor, then the contractor will file a lien on your home until you pay. The lien gives the contractor a legal interest in your home. If you believe you have a legal interest in somebody's home or real property, you can file a lien by taking the steps outlined in this article.
General Rules for Filing a Lien
Determine whether you have a valid interest in the property that you want to file a lien against. If you don't have a valid legal interest, you can be liable to the property owner for damages. A valid legal interest might arise if, among other reasons, you have done work on a home or if you have a judgment against the property owner.
Determine the county in which the property is located. If you are going to file a lien against Big House, you need to figure out what county in which Big House is located.
Draft a lien document. You can find a good form to use online from legal form retailers such as legalzoom.com or uslegalforms.com, or you can get a lien form from a local attorney.
Record the lien. To record a lien means to file it in the county recorder's office. For example, if you are filing a lien on Big House, which is located in County A, you will go to County A's courthouse and file the lien with the County A recorder. You will typically have to pay a small filing fee (probably around $10-$20).
Provide notice of the lien. Most states require you to provide notice of the filing of the lien, which means you will have to send the property owner a copy of the filed lien.
Warnings
- Lien are governed by state law, so the laws vary from state to state. You should always check the laws of your state before filing the lien. For example, a link to Utah's lien laws is provided below. You will want to review the laws of your particular state before you do anything.
Tips
- Before you file a lien, make sure you have a valid reason for doing so. Many states allow a property owner to collect monetary damages against you if you file an invalid lien.
Tips
- Before you file a lien, make sure you have a valid reason for doing so. Many states allow a property owner to collect monetary damages against you if you file an invalid lien.
Warnings
- Lien are governed by state law, so the laws vary from state to state. You should always check the laws of your state before filing the lien. For example, a link to Utah's lien laws is provided below. You will want to review the laws of your particular state before you do anything.
Writer Bio
The Constitution Guru has worked as a writer and editor for "BYU Law Review" and "BYU Journal of Public Law." He is an experienced attorney with a law degree and a B.A. degree in history with an emphasis on U.S. Constitutional history, both earned at Brigham Young University.