I was told by a realtor that I can put a lien on customer's homes if they dont pay one of our bills, and I have some collection accounts that i wish i can put a lien on, I guess at leaset with that I know that someday they will have to pay us.
does anyone know the process of putting a lien on a property, and if i can do it as a small business owner, let me know thanks so much
2007-04-26 06:07:43 · 10 answers · asked by WellaTeam 2 in Politics & Government ➔ Law & Ethics
Hi I wanted to add that the bill we sent him was for work we did in there swimming pool.
2007-04-26 06:23:07 · update #1
I don't know the actual process, but your county clerk will.
Yes, you can put a lien on the home. You realize that by doing that that you still won't get paid until the home is sold, right? Have you hired a collection agency ? I would go that route also.
The problem with both the lien (where you could wait forever) or small claims court (where if you win, YOU still need to collect the cash - the courts will not help in that aspect) is that you need to wait for your money, or may never see it anyway.
2007-04-26 06:19:15 · answer #1 · answered by Enchanted 7 · 0⤊ 0⤋
it depends on the state and the type of service. In many states a lien can only be placed on a home if the service was related to the home...ie...you build a fence for the owners and they refuse to pay.....but not if you are a dry cleaner...you put a lien on their clothing.
Now in some states such as NC...garnishment is not used so you can put a lien on a home if the debt is large enough to warrant it...you just have to go to the district court in your county and file for a hearing to have a lien put on the home.
Contact a lawyer if you feel you have a big enough debt to warrant paying the fees...they can steer you in the best direction for your state laws and help you through the hearings and other parts of the process..
And remember the debt has to be fairly large...no judge will allow a lien to be placed on a home for a 100 dollar debt...
Cause in the end result if you get the lien and it is not paid in a certain amount of time...the home is auctioned to pay the debt...it would be a little silly to sell a hoem for 100 dollars.
2007-04-26 06:24:13 · answer #2 · answered by Dr. Luv 5 · 0⤊ 1⤋
You can go to the county courthouse with proof of your claim and file a lien against a property. The home will not be able to be sold without paying off the lien. I would warn your customers first. Send them a copy of their bill and give them 30 days to pay, and then proceed to file. You may just get your money back that way.
2016-05-19 03:43:20 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If the unpaid bill is for work done on the customers home, ya, its called a mechanics lien. If the bill was not on the customers house, you can go to court and get a judgment for the debt, but if the guy still doesn't pay, about all you can do is ruin his credit and if he's in the habit of not paying bills, he's probably already done that for himself.
2007-04-26 06:18:50 · answer #4 · answered by Jim 5 · 0⤊ 0⤋
Anyone can file a claim in small claims court, I did it because the warranty the car co sold me refused to fix my engine because it was too soon after I purchased the policy. WHAT! So I sued the guy who sold me the car and he found me a better one!! Yes, you can put a lien on a property but make sure it's more than the lien or you lose money. Just go to the magistrates office and tell em your predicament. But, how did a homeowner NOT pay you what they owed, isn't it supposed to come out of the loan??
2007-04-26 06:15:01 · answer #5 · answered by dtwladyhawk 6 · 0⤊ 1⤋
Yes you can. Sometimes they are called "Contractors' Liens", and the way to do it is; file suit, obtain judgment, then file lien with clerks' office. You will also be awarded interest from day of judgment. Then you will be paid when property is sold or transferred. How great is that?
2007-04-26 06:16:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes you can put a lien on a customers house (if of course the customer owns the house). It is rather simple compared to other cases. However I'm not an attorney and cannot give legal advice. One of the attorneys on here will give you some legal advice.
2007-04-26 06:13:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Small claims court is often the better choice. Liens simply mean the property cannot be sold until it is cleared, AND if you yourself do not renew it, it will lapse after a few years anyway.
It does not force payment the way a court order would.
2007-04-26 06:23:54 · answer #8 · answered by Madkins007 7 · 0⤊ 0⤋
I heard it called a mechanics lien for work done on the home. I have filed a few with my county clerks office, it is real easy. You don't get paid until the home is sold or goes through inheritance, though.
2007-04-26 06:19:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
What's wrong with small claims court? Quicker and more effective.
2007-04-26 06:13:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋