I received a judgment against $46,000.00 against a contractor in 2001. As of today, I have not received anything from him. I considered filing a lien on his real property. With the interest, the total is approximately 68,000.00. Is this legal?
2007-04-13 08:47:37 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Yes,
I won a smaller judgment against a contractor and have not received payment. My problem is that I did not have his EIN, bank account info or SSN.
If you have that info, get it started before he sells the house and it's too late.
2007-04-13 08:52:11 · answer #1 · answered by mark 7 · 0⤊ 0⤋
You should check and reinstate your judgment, in a few states they must be reinstated every 10 years some every 7 years.
Yes you may file the judgment against a home, you need an original copy of the judgment that you may get from the court in which you filed the judgment.
In California the interest rate against a judgment is 10% per year. Once this person attempts to refinance or sell the property your judgment must be paid off. It is legal to charge interest, you must find out what that is in your state.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-04-14 11:32:46 · answer #2 · answered by Skip 6 · 0⤊ 0⤋
A judgement against a contractor should already be a lien on his property unless the judgement is against his company and it owns no property; in which case there isn't anything left to do. Check with the county clerks office and make sure the judgement is of record; if it is, then there isn't much else you can do. IF for some reason the judgement was never recorded, then file a lien to validate the judgement.
2007-04-13 08:52:18 · answer #3 · answered by wizjp 7 · 1⤊ 0⤋
Yes, many judgments are backed up with liens. In fact, some judgments are automatically liens against real estate located in the county where they are filed of record. Usually, though, you cannot force the debtor to sell his property to satisfy your judgment;; but if you have placed a lien against the property then he cannot sell it without paying you (if the property is worth at least as much as he owes you.) You should contact an attorney so you make sure it is done properly to protect your rights.
2007-04-13 08:50:40 · answer #4 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
sure with the judgment you can place a line on anything he personally owns,
On the interest where you award a certain % with the judgment? state will have set rules on how much interest you can charge
Now if you place a lien on the place does not mean you will get it, your lien will be junior to any other liens on the property so depends is there a 1st note, a second note, etc
2007-04-13 08:56:14 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋
You should be able to get a free consultation with an attorney who specializes in Real Estate Law.
2016-05-19 17:40:02 · answer #6 · answered by milagro 3 · 0⤊ 0⤋
I don't know about the interest for certain but you can
certainly file the $46k lien...
2007-04-13 08:50:05 · answer #7 · answered by Anonymous · 0⤊ 1⤋
yes, definitely.
2007-04-13 08:57:13 · answer #8 · answered by tmdagain 2 · 0⤊ 0⤋
yes it definately is legal...
2007-04-13 08:49:58 · answer #9 · answered by mkb_310 3 · 0⤊ 1⤋
Yes.......call your lawyer
2007-04-13 08:49:21 · answer #10 · answered by Elizabeth L 5 · 1⤊ 1⤋