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Collections Law/placing a lien
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Question
Do I have to take someone to court first in order to place a lien on their property for a debt they owe me? I have proof of the loan, proof of payments they were making, and written letter proving the loan was made. The couple is now divorced. The husband paid me his half of the remaining debt ($3,300), but the wife will not respond to my letters. I was thinking the only way to protect myself from loosing the money was to place a lien on her new home and just wait. They live in Idaho and I am in Oregon. I loaned them the money originally for a down payment on a home, landscaping costs, and paying off credit card debts for a total of $38,000. Any suggestions?
Although there are a few exceptions (like mechanics and materialmens liens), the more common way of placing a lien on their property would be by getting a judgment following a lawsuit. The judgment itself could then be filed in the state where they are at and you could compel them to pay like that.
Geting a civil judgment for what they owe you under these circumstances will not be all that difficult.
This will be much easier to explain on the telephone. I will not charge you just to talk on the telephone, and if you call me we can discuss this in more detail. 214 779-3427
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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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