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Take your judgment to the land records office, to the county clerk's office or to the court clerk's office where you won your judgment. Request the necessary forms to file a lien on the debtor's property.
Fill out the lien forms. Each jurisdiction in Tennessee will have it's own rules and laws, but in general you will need the information contained in your judgment, including the name and information of the debtor, case number for the judgment and your own personal information. You will also need to detail other attempts to secure payments, and your reason for attempting to secure a lien on the debtor's property.
File the forms with the clerk and pay the filing fee. The lien forms will be reviewed by the court, and another hearing will be called where both sides make a case for and against the lien. If the debtor has been making regular payments and abiding by terms of the agreement then a lien might be denied, but if the debtor isn't paying what is owed, then chances are good the court will grant the lien.
Research the laws of Pennsylvania regarding the filing and placing of liens in the state. Pennsylvania Code 1650 is a good place to start. Also, prior to placing a lien, it is always a good idea to determine if there are other options to resolve the dispute with the property owner.
Obtain a lien form at a local courthouse or from the Resources section of this article. Complete the form. In order to meet the legal burden established by Pennsylvania law, a lien holder must establish the terms of the contract; state the amount owed; provide the names of all parties having an interest in the dispute; the date the contract the contract was breached; the location of the property in dispute.
File the lien in the jurisdiction where the property is located. The fee, as of May 2011, is $150 to file a lien in Pennsylvania. State law mandates the lien must be filed within six months from the date of delivery or completion of the contract. If the lien is granted the court will forward the information to the county recorder's office for recording. While Pennsylvania law does not require a notice to the owner, it is often in the best interest of all parties to inform the property owner in an effort to avoid further legal action.
The process for filing a Nevada lien depends on the type of lien rights you’re seeking. Those who wish to collect a court judgment against a debtor can file a “judgement lien” against the debtor’s property, simply by filing a statutory lien form. Filing a “mechanic’s lien” is more complicated, but following the right steps should protect the right of someone who participates in the improvement of real estate to be paid the money owed to him.
About the Nevada Mechanic's Lien
In Nevada, anyone who provides labor and/or materials valuing over $500 for the repair or improvement of property has the right to file a "mechanic's lien" for the value of their services. This includes contractors, subcontractors, architects, engineers, surveyors and others working on a construction project. Workers must be licensed, if required, to perform the work. The lien essentially puts a hold on the sale of the property until the contractor's invoice is paid.
Filing a Mechanic's Lien in Nevada
Because the mechanic's lien is such a powerful tool, it requires special filing rules. In general, follow these steps:
- Send a "Notice of Right to Lien" by certified mail to the property owner and the general contractor within 31 days of starting work on the project. You'll find links to the statutory forms in the Resources section. This preliminary notice alerts the homeowner that someone is providing labor or materials and will have a right to lien if she is not paid.
- Give the homeowner a "Notice of Intent to Lien" at least 15 days before you record your mechanic's lien.
- Fill out the statutory "Claim of Lien" form including a detailed bill and statement of services and a description of the property to be attached with the lien.
- File the Claim of Lien with the county recorder in the county in which the property is located. The deadline for filing is 90 days from the end of the project or the date that you last provided labor or materials, whichever is later. The deadline reduces to 40 days if the homeowner files a Notice of Completion of the work.
- Deliver a copy of the Claim of Lien to the property owner and general contractor personally or by certified mail within 30 days of filing the claim.
Filing a Judgment Lien in Nevada
In civil court actions, it is common for a judge to rule that one person (the debtor) should pay money to another person (the creditor) in settlement of the lawsuit. If the debtor doesn't pay, the creditor can take out a "judgment lien" against the debtor's home, land or such personal property as jewelry, antiques and art. Attaching a judgment lien is relatively straightforward since you already hold a court judgment against the debtor. Simply fill out the statutory lien form and file it with the county recorder in any Nevada county where the debtor has property. When the home is sold or foreclosed, you should receive your money.
How Long Does a Nevada Lien Last?
A Nevada lien does not last forever. You must enforce a mechanic's lien and foreclose the property within six months of filing the lien, or apply to extend the lien for no more than six additional months. If you don't initiate a lawsuit in this timeframe, the lien lapses and is lost forever. A Nevada judgment lien stays in place for six years, even if the debtor sells his home. Note that Nevada has Homestead Exemptions that may limit your ability to collect if the lien is attached to the debtor's primary residence.