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People owe us money and we want to place a lien on their property so when they sell we can get our money back.

2007-09-04 11:56:07 · 4 answers · asked by TIMMER 1 in Business & Finance Renting & Real Estate

4 answers

Here is the fine print of the Montana laws on property liens. Montana code 40-5-248. Lien against real and personal property -- effect of lien -- interest -- warrant for distraint. http://data.opi.mt.gov/bills/mca/40/5/40-5-248.htm

Here is the "law" on a Montana property lien. Montana Code 25-31-914. Lien on real property. The judgment rendered in a justice's court creates a lien upon any lands of the defendant upon the filing of a transcript of the original docket, certified by the clerk of the justice's court, with the office of the clerk of the district court of the county in which the lands are situated. When filed and from the time of filing, the judgment becomes a lien upon all real property in that county that is owned by the judgment debtor at the time or that the judgment debtor may afterwards and before the lien expires acquire and that is not exempt from execution. The lien continues for 10 years unless the judgment is previously satisfied. http://data.opi.mt.gov/bills/mca/25/31/25-31-914.htm

Also, Montana Code 25-13-305. Execution of lien on real property.
http://data.opi.mt.gov/bills/mca/25/13/25-13-305.htm

2007-09-08 04:49:42 · answer #1 · answered by Montana me 6 · 0 0

You need a court judgment .

Different states have different limits for small claims or the higher court .

Go to the courthouse and find out what your limits are and where your debt fits in .

File the case and if you get a judgment , then you can put liens on property (usually , not positive about Montana - ask your court clerk that too )

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2007-09-04 12:04:49 · answer #2 · answered by kate 7 · 0 0

You need an attorney to file a personal judgement lien.

2007-09-04 12:14:58 · answer #3 · answered by Anonymous · 0 0

Unless you have a written contract, you can not sue. A lien is put against the party in question, not the house they lived in.

2016-04-03 03:46:11 · answer #4 · answered by Anonymous · 0 0

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