2006-07-13 10:14:34 · 8 answers · asked by CARLTON M 1 in Politics & Government ➔ Law & Ethics
First you have to get a judgement that they do in fact owe you the money. After (if) you win, the next step is to get the court to issue a lien on his property (if he has no other assets) after other attempts at collection fail.
If the other party has no other assets he will generally file for bankruptcy and the court will rarely deprive him of his sole residence to pay a debt.
2006-07-13 10:29:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You weren't very specific about the type of property.
If it is real property, it then depends on the type of lien you are wanting to place, and also depends on the rules of your state. For instance, in some states, a construction lien (also known as a tradesman's or artisan's lien) must be filed within 90 days of the completion of the work.
If it is against personal property, and it has a title, (such as a car) then you will need to check with your state's DMV. In most cases, you can't file a lien without the consent of the owner of the personal property.
You should consult an attorney in your state for more specific information regarding this matter. If you don't know an attorney, contact your local or state bar association for a referral.
2006-07-13 17:20:09 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Depending on the circumstances. You may need to obtain a judgment in the local court which establishes the legal fact of the debt. Then you file a judgment lien. If the money is owed for work you performed on the house, you may be able to file it directly (mechanics/materialman's lien). Check with the clerk of the county court where you live. They may have the forms right there.
2006-07-13 17:19:59 · answer #3 · answered by aboukir200 5 · 0⤊ 0⤋
Get a UCC-1 form, and a UCC-3 form from a bank. Go to your public library and look up the processes of filing a UCC lein in the Uniform Commercial Code (UCC). You fill out the UCC-1 and file it with the Secretary of State's office, then put an ad in the local paper's legal section according to the notice rules of your State (usually has to be printed 3 times), and send a copy of the UCC-1 to the debtor. At the end of 30 days, if he has not paid you, you file the UCC-3 with the Secretary of State's office to 'perfect' the lien. With the perfected lien in hand you can then move to attach his property and/or bank accounts to satisfy the debt. A state court is where you need to take the perfected lien for getting your damages executed. UCC is state law. Check the State Statutes to find out the remedy for perfected liens.
2006-07-13 22:33:08 · answer #4 · answered by amartouk 3 · 0⤊ 0⤋
are you a licensed contractor, or labor ?
are you working for a contractor? or were you working directly for the owner?
in CA if you are licensed and the contractor and you file a preliminary lien notice, you can file a lien directly if he has not paid, if you did not file a the prelim, you are out of money
if you a laborer working for a contractor and he does not pay you
you can file a direct lien ( good for 7 years )
he then can not sell the property with out the lien being bonded or satisfied ( paid off )
if however you worked for him directly and are not a licensed contractor you cannot file much less collect ( maybe up to 600.00 )
2006-07-13 18:31:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you have to go file a lien at the county court house, they will tell you if you have a leg to stand on. keep in mind you won't get your money untill they get ready to sell
2006-07-13 17:25:21 · answer #6 · answered by elmobeta12 3 · 0⤊ 0⤋
through the court system
2006-07-13 17:17:30 · answer #7 · answered by gymfreak 5 · 0⤊ 0⤋
You take them to court.
2006-07-13 17:17:43 · answer #8 · answered by evalmonk 3 · 0⤊ 0⤋