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Collections Law/Placing a Lien on someones property
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Question
Hi. I have been owed a debt of $4300.00 for over 3 years. The subject admits to the debt and keeps promising me payment but never comes through. He has a mortgage, with equity in his home. What forms do I need to place a lien on his home. We are both in California. Please respond to the above email address. Thank you! Tracey
There are many types of liens that could potentially be placed on a person's property, but what kind you have available to you depends on what the nature of the debt was itself. At the very least, if you had no other types of liens available to you, if you got a court judgment against the debtor, that judgment would independently operate as a judicial lien against the debtor's real estate. To get a court judgment you have to bring a lawsuit - and in California for the amount of money you are talking about you can easilyl do this through what used to be called the municipal courts out there - I am not sure what they are called now because of the change in making the municipal judges superior court judges. In any event, if you call me I can explain to you how you can bring a lawsuit against the debtor and how y ou can get a judgment so you can collect, either through the lien or otherwise. call me on my cell 661 492-2673
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Answers by Expert:
John Hall
Expertise
Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and 13 of the United States Bankruptcy Code) primarily representing individual debtors with consumer debt or small businesses; Experience has included all aspects of debtor/creditor relations.
Experience
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