The state is AZ; I have a court judgment against someone and this person refuse to pay me. I had sent a constable to her property and I also place a lien against her house. I got a letter from her attorney saying that I can’t place a lien on someone homestead –this is the only house she owns and I should remove the lien its illegal and I can be fine $5,000. I talked with the constable his answer was he thinks that the lawyer tries to blow some air but he is not attorney. I had looked up and I had found this link;
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01101.htm&Title=33&DocType=ARS
I understand from this link that I can if the property is more than $150,000 I can’t have a lien on the first $150,000 I do not try to take the house I just want her to pay me the money when she sells the house. Can someone help me?
Isabella
2006-08-16 14:41:22 · 7 answers · asked by Isabella789 4 in Politics & Government ➔ Law & Ethics
You can still put the lien on the house, but you won't get paid until it's sold, of course. Other states have this same law, it's not unusual.
All it means is that if she is married, the first $150,000 belongs to her husband; then what she owes you would be taken out after the sale of their property from her half. The catch to this is that the property has to be worth MORE than $150,000 or you get nothing.
Consult a paralegal in AZ. They give free advice,but cannot go to court with you.
You do need court judgment first, and she doesn't need to be present.
2006-08-17 16:15:55 · answer #1 · answered by reignydey 3 · 0⤊ 0⤋
First of all, you need a certified judgment. After that, I suggest that you garnish her bank account and her place of employment. That should get you some money almost immediately. You may end up receiving a little each month, but at least it's something. If I knew which county you were in, I could let you know as to the legality of placing a property lien.
Good luck to you.
2006-08-16 21:51:17 · answer #2 · answered by Inquisitor-2006 5 · 1⤊ 0⤋
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation.
I wish you the best of luck.
http://www.getprotectedhere.com
2006-08-17 20:09:59 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Hey if the state gave you a lien then I guess the state thought it was legal. I assume since they make up the rules they should know how to play the game.
2006-08-16 21:50:50 · answer #4 · answered by iamwelndowd1 2 · 0⤊ 0⤋
Pay an AZ attorney for legal advice is the best answer.
2006-08-16 21:47:08 · answer #5 · answered by tony 2 · 0⤊ 0⤋
The lein looks good to me, if the house is valued over 150k. You can go to www.zillow.com for an approximate value.
The fine probably exists for people who place leins without any legal justificaton - like to extort money from a homeowner.
2006-08-16 21:52:46 · answer #6 · answered by Catspaw 6 · 1⤊ 0⤋
take supplemental proceedings to question the person as to his money and assets
2006-08-16 22:29:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋