are companys able to just put a lein on your property if they feel they need to? What if the bill they are trying to collect is being disputed how do they have that right to do so and how does that procedure go?
2007-10-17 11:30:53 · 8 answers · asked by Lena R 2 in Politics & Government ➔ Law & Ethics
Liens are either judicial liens or nonjudicial liens. A judicial lien is placed on your property after someone sues you and gets a judgment against you.
Nonjudicial liens are usually voluntary, like a mortgage or the lien on your car until you pay off your car loan.
From what little you say here, there cannot be a lien until they sue you.
But there are other special lien procedures, such as mechanics liens, that may apply. You do not provide enough information for us to tell you.
2007-10-17 11:43:29 · answer #1 · answered by raichasays 7 · 1⤊ 0⤋
A company can not put a lien on your property without a court judgment, unless they are doing so based on work done on the property. This type of lien is called, I believe, a mechanics lien, and would only cover the cost of labor or materials used to do work on your property.
IF you have been sued and have lost, the creditor can ask the court to place a lien against your assets, this can include your house or other things like bank accounts. They can not do this until they have won in court and have given you the chance to make payment on the judgment.
They may however try to threaten such action, even if they do not have the legal right to do so. If you fall for the threat, they have not lost anything. You can check with your local district attorney to see if they are violating any laws in making a claim that they will place a lien, when they do not have the right.
2007-10-17 11:42:57 · answer #2 · answered by Mcgoo 6 · 1⤊ 0⤋
They would need to go to court -- and prove not only the money owed, but that the lien on your property is an appropriate and/or necessary means of collection.
Courts are generally unwilling to encumber real property -- as opposed to garnish wages, or attach bank accounts -- unless there is no other way -- and even then, it would be a long court battle before the company could possibly get its lien.
2007-10-17 11:44:40 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
In California, you must first get a judgment against someone before you can attach their property, wages or bank accounts. In order to get a judgment, you have to file a civil complaint and issue a summons and complaint to the debtor. Then, if the debtor answers the complaint, a judge must hear both sides and determine who is correct, and either dismiss the case or issue a judgment against the defendant. If the debtor fails to respond to the summons, the plaintiff can then obtain a judgment by default. After judgment, property can be attached (lien).
2007-10-17 11:44:05 · answer #4 · answered by ArRo 6 · 0⤊ 0⤋
In general a company cannot place a lien on your property unless they have a judgement against you from a court.
An exception to this is a contractor who has made improvements to your property.
If a company has recorded a lien on your property illegally you have the right to sue them for damages.
I recommend that you talk to an attorney.
2007-10-17 11:43:40 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Companys can put a lean on your property and if they fell that youi are going too sell the house. if the bill is being disputed then they would have too have possable cause too get the lean. A lean is issued through a court. I would say talk too a lawery.
2007-10-17 11:41:04 · answer #6 · answered by Anonymous · 0⤊ 1⤋
i do no longer think of you have provided sufficient tips for a good answer. even though you will could desire to unravel this subject. For some reason the persons who placed liens on your sources believed your husband had possession or you agreed to a purchase order employing the valuables to shelter the products or centers and that they could take that action. those issues do no longer oftentimes happen without a reason. you need to be in charge for paying the lien holders. in case you think of fraud is in touch then you certainly could desire the centers of regulation enforcement and/or a good criminal expert. i do no longer understand Ohio regulation yet in Florida a married couple are oftentimes held in charge for one yet another's debts.
2016-12-18 10:15:57 · answer #7 · answered by rosalee 4 · 0⤊ 0⤋
Your best bet is to contact a lawyer. But if a payment is delinquint, I believe that have the right to place a lein whether it is being disputed or not.
2007-10-17 11:38:32 · answer #8 · answered by hollyshaney 3 · 0⤊ 2⤋