How does one put a lien on a persons home ?

Question

How does one put a lien on a persons home ? Can you do it yourself or would you have to hire a lawyer ?

N/A N/A · Answer

The person owes me money. Please advise.

Jim & Michele Wilcox · Answer

If the person owes you money - send him a certified letter stating the amount owed, any proof like your contract, and a time period to pay. If he does not pay, take him to small claims court. It's not expensive to do. Lots of times, they will pay up before they go to court. Then if you win your case - they will put a money judgement on him. He can't buy anything, sell anything and will have a hard time unless he clears that judgement.

I'm not a lawyer but have dealt with this in our family.

Good luck.

Jim & Michele Wilcox · Answer

DBL is correct, you need to find out what type of liens you can attach to a property. You can't just go file a lien for any reason you like.

If you have done work on the home and haven't gotten paid ... small claims court is a good remedy. Then a judgement on the owner.

There are ways to protect yourself when working on properties if you are a contractor/sub-contractor and that is called a preliminary lien. It is not a lien put on the house - but it tells the owner that if he doesn't pay - a lien will be put on the house.

P.S. you did not state WHY you want to put a lien on this house so it's hard to answer.

Good luck...

N/A N/A · Answer

Not sure about your state, I would call the courthouse. I am a contractor so I have had opportunity to investigate how it is done in Mo.  First you have to notify them by registered mail of your intent to file a lien and give them 10 business days from the date of receipt to pay. After that, you take your original invoices or whatever proves that they owe you and won't pay, to the recorder of deeds and pay 75$ to get the lien. They get a notice, saying that when they sell the property you get your $plus reasonable interest. However, the lien is only in effect for one year and you have to refile and pay again annually. Hope this helps

Deborah Beeksma · Answer

You might want to check your State's statutes to find out what types of liens are permitted and under what circumstances they can be filed.  I don't think you can just arbitrarily file a lien on someone's property.

I was working on a well agreement today and needed to find out what authorities the well users would have to file a lien against a defaulting well user who was not paying his share of the operating and maintenance costs.  What I initially thought would be simple turned into a complex issue that took me a couple of hours to research.

Most State statutes are available online...run a search for "lien" within your State's online legal reference to make sure you are complying with the law before filing a lien against someone's property.  If in doubt, talking with an attorney may save you time, money and grief in the long haul.

Deborah

Dick Green · Answer

I would call the courthouse in the county where the home is located and see how intense the process is.  I don't think it's that difficult.  If you go to an attorney they are gonna pop you for $1500 to tell you how much it cost.  (exaggerating)

Let them know what type of lien you are wanting to file i.e. mechanics, tax, homeowners assoc, failure to perform (specific performance), ect..

Let me know what you come up with.  I'd be interested as well.

Good Luck!

N/A N/A · Answer

Thank you for your response,   I appreciate it.