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2007-12-11 13:07:10 · 4 answers · asked by B.B. Thornton 2 in Business & Finance Renting & Real Estate

Ok, I am a printer, a customer owes me for some postcards that I let her customer pick up and she said she would be in later in the week to pay... that was 8 months ago. I know, why? I know her son, so I didn't figure she would f me over. I've tried a collection agency with no avail, and am now contemplating small claims court... or a lein.

2007-12-11 13:29:44 · update #1

4 answers

1. You file a lawsuit and serve the debtor with a Summons and Complaint.

2. After the debtor has been served, you go to Court and have a trial if the debtor shows up, or enter a Judgment by default, if the debtor fails to appear.

3. After you get a Judgment, depending on your local rules, you record at the Recorder of Deeds Office, the Judgment or a Memorandum of the Judgment.

4. The recording of the Judgment, creates a lien on the debtor's real estate.

2007-12-11 13:45:02 · answer #1 · answered by LUCKY 4 · 0 0

There are many categories of liens (mechanic's, attorney's, tax, etc.) and there are "consensual" liens, which include a mortgage (the lender can take your house if you default because you consented to use the property as collateral for the loan) and non-consensual, which is where we get the tax, attorney, etc. liens.
It's sufficiently detailed and complex that you should look at something like this article:

http://en.wikipedia.org/wiki/Lien

I don't know if you want to put a lien on or you are worried you will have a lien. In any case, the laws of your state (as this would be in the non-consensual category probably) will likely be different from that of some other states. You'll need to check your state's specific laws. Most likely this is the kind of thing it's best to pay the money and hire an attorney to do right. I'm sure there are filing fees and more, so it won't be free in any case.

http://en.wikipedia.org/wiki/Lien

2007-12-11 21:19:41 · answer #2 · answered by heyteach 6 · 0 0

You must sue them and get a judgement.

2007-12-11 21:10:51 · answer #3 · answered by Big Deal Maker 7 · 0 0

a valid debt, and then get a judgement against you. thats all.

2007-12-11 21:12:21 · answer #4 · answered by GG 7 · 0 0

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