I won a judgement on a company and he has not paid it. I also filed a lien with the state and it became effective 2 days before he sold his home. He had his home listed as his business. Wouldn't the Title company have caught this? And wouldn't the Title Company be liable now that they didn't catch the lien? We won our judgement over a year ago and this man keeps running. Is there anything we can do to get our money?
2007-09-23 14:59:22 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The lien was filed with the State and the County where he lives. Right now, there is a judgement lien on him in case he tries to buy another piece of property. This is on file at the court house.
2007-09-23 15:14:28 · update #1
If you have the judgment, you should be able to either freeze his bank account or take the money out of the account. A friend of mine had a situation like this. However the person in the lawsuit had sent him a check with a partial payment. So my friend knew the bank and the account number. He had the account frozen. I have heard that, you get the sheriff and the judgment papers and and go to the bank, and the account is frozen or you get the money right then. The bank does not have a choice. I have heard that for a couple hundred dollars a detective could find any ones bank account number, in a matter of hours. Now I expect they could just pay and get the information from off of the Internet. A credit report should have the information you need. A good lawyer should have know about what I have told you.
2007-09-23 15:14:57 · answer #1 · answered by Philippine Traveler 3 · 0⤊ 1⤋
Listen to the any attorneys posting here. They know the law, and your collection is governed by the law. Filings - especially those made incorrectly - will be worthless unless they are compliant with the laws of your state.
Depending on the state you live in, that home may be exempted from execution. It doesn't matter whether the home is in the company's name, or the individuals. This is called "homestead exemption", and this is common where we are, in Texas. Did you check your state's statutes regarding homestead exemptions?
Also, your debtor may have an entire line-up of creditors that are entitled to the money first - especially if he owes money to banks. Whatever equity investment was in the home, any creditor first in line will receive the $$ first.
And the attorney is correct. The lien filing is not made with the state, it is made in "Real Property" at the county court where the home or property is located.
If anyone should attempt the collection themselves, it is vital to get as much information about state laws governing judgment collection, as well as indepth information on your debtor. If one does not want to educate themselves, then one cannot be successful. Attorneys are immensely helpful in the process, but there are some filings you can do yourself, and save money. But you MUST educate yourself and know what you're doing!
2007-09-24 08:20:58 · answer #2 · answered by DMEdwards 2 · 0⤊ 0⤋
Your question is imprecise and cannot be answered. If your judgment is against a "company," not the man personally, a lien on his house would be pointless. Liens usually have to be recorded where the deed is recorded, not "filed with the state," to be effective against any purchaser for value. If you do not have a lawyer, you are getting what you deserve. If you have a lawyer, you have a fool for a lawyer.
2007-09-23 15:09:21 · answer #3 · answered by thylawyer 7 · 1⤊ 0⤋
yep you have a claim against the title company thats why people have title insurance as long as you can prove you filed the lien before he sold the House
2007-09-23 15:09:18 · answer #4 · answered by tap158 4 · 0⤊ 0⤋