QUESTION:

How do I put a lien on the debtor’s real property?

ANSWER

Divorce Collections.com attorneys carefully prepare and have the court clerk issue an Abstract of Judgment-Civil. 

We then forward the Abstract of Judgment to the County Recorder ’s office in the county where the debtor owns real property.

If there is a refinancing or sale of the property, payment towards the Judgment could be made with interest.

QUESTION:

How is a lien placed on the debtor’s personal property?

ANSWER:

A personal property lien is used to assert a claim in property (other than real estate) owned by the debtor.

In theory, if the property is transferred to someone else (while a lien is in effect), the judgment lien continues even though the property is sold, exchanged, or disposed of.

During the time period the lien is effective, the sheriff can take the personal property and sell it at public auction to pay the debt.

Personal property liens can be created in two ways. The lien can be created by filing a Notice of Judgment Lien with the California Secretary of State or by serving the debtor with a Notice of a Debtor’s Examination.

QUESTION:

How do I put a lien on the debtor’s business assets?

ANSWER:

A lien can be created on the debtor’s business assets by also filing a Notice of Judgment Lien with the California Secretary of State.

QUESTION:

How do I put a lien on a lawsuit that the debtor has against someone else?

ANSWER:

A lien can be placed on the debtor’s recovery in a pending lawsuit by:

1) Having the court issue an Abstract of Judgment

2) Prepare a Notice of Lien

3) These two forms must be filed with the court where the debtor’s lawsuit is pending.

4) Copies of these documents must be personally serve or mailed to all of the parties in the debtor’s lawsuit.

QUESTION:

If I renew my judgment what happens to the liens?

ANSWER:

The liens may no longer be enforceable because the judgment upon which the liens were based may no longer be enforceable.

A certified copy of the Application for and Renewal of Judgment must be recorded in order to extend a real property lien. Remember judgment enforcement has time limitations.

Judgment Collection Attorney, Lawyer
Los Angeles & California Enforcement.