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While specific rules vary throughout the United States, liens can be placed on another person's assets. Liens can attach to real estate, business assets or automobiles after a person fails to comply with a contract or pay for services. Generally, lien hierarchy ranks mortgages and government tax liens before other claims. For instance, after a house is foreclosed, the mortgage will be satisfied with the revenue, then the tax lien, followed by liens, such as by contractors or credit card company. |
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Step 1 Determine if you qualify to place a lien by reviewing local rules. A contractor typically can file a mechanic's lien if he performed substantial work but the homeowner failed to pay. Subcontractors also can file liens against property owners if the general contractors fail to pay them. Step 2 Prepare a petition requesting the court to grant the lien. Make sure that the defendant receives notice of the proceedings. Otherwise, a court might overturn the lien because the property owner did not have an opportunity to defend himself. Step 3 File the petition with the local court and pay the filing fee. Gather sufficient evidence, like a copy of the binding contract, to demonstrate that the debt is outstanding. Step 4 Attend the court hearing and present your case. The defendant can attend and argue against the lien. If the defendant does not attend the hearing after receiving notice, the judge will grant the lien--once you provide evidence of the debt. Step 5 Contact the county recorder where the defendant has property and file a certified copy of the judgment. Correctly disclose the property's legal description, which is public record and often available by searching the county tax appraiser's database. In most jurisdictions, liens last for 20 years, but you have to preserve your interest. |
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