A lien is a court-ordered legal claim against a property. New Mexico recognizes several types of liens that an individual can place on a property in New Mexico including a tax lien, a mechanic’s lien and a judgment lien. A judgment lien provides the creditor, or plaintiff, the right to receive a certain amount of money when the debtor’s house is sold. Therefore, if a debtor owns property in the state of New Mexico, it is possible to create a lien on the defendant’s property.
Receive a court-ordered judgment in your favor against the debtor. A judgment in your favor is a result of a civil lawsuit resulting in a monetary award. A judgment states that the court is ordering the defendant to pay you some amount of money. For example, the defendant may owe you money because of a debt, damages from an injury or unpaid work.
Read More: How to Put a Lien on Someone
Contact the defendant to collect the judgment. If possible, create a payment plan that both you and the debtor can live with. If the debtor fails to pay you and the debtor owns property, the only option left for you may be to file a lien against the debtor’s property.
File a copy of the court-ordered judgment with the county clerk in the county where the debtor owns property. The county clerk may require an original copy of the judgment from the court. In New Mexico, a judgment lien remains attached to the debtor's property for 14 years.
Monitor the debtor's place of residence. If the debtor purchases additional property in New Mexico, or you believe he may purchase property in the future, you can file a lien in additional counties as well.
Elizabeth Stock began writing professionally in 2010. Before pursuing a career as a freelance writer, Stock was an editor and note writer for the "Thomas Jefferson Law Review" while attending Thomas Jefferson School of Law in San Diego. Stock recently graduated magna cum laude from Thomas Jefferson earning a Juris Doctor.