What Are the Steps to Placing a Lien?

After you receive a civil judgment, you can place a lien on the debtor's real property.

If you receive a civil judgment in your favor, but the debtor refuses to pay the judgment, you may be able to place a lien on the debtor’s home. If the debtor sells the property, the lien holder receives payment of any proceeds from the sale of the home before the debtor. In this way, a lien is said to cloud the title. The procedure to place a lien on a debtor’s property may vary slightly by state, so check with the clerk’s office at your local courthouse to determine if any additional requirements exist to place a lien on real property.

Instructions

1. Determine if the debtor owns real property. You can file a lien only against real property, unless the debtor’s personal property, such as a car, is the subject of the debt. However, if a debtor acquires real property later, you can file a lien against the property for as long as the debtor still owes the civil judgment.

2. File a certified copy of the civil judgment in the county clerk’s office where the debtor’s property is located. The county where the debtor owns property may be a different county than the county or state in which you received the civil judgment order. After you file the civil judgment, the clerk will place a lien on the debtor's property.

3. Refile the lien as necessary according to the laws of the state. For example, in Illinois a lien remains active on the debtor's real property for seven years. Therefore, if the debtor has not paid the civil judgment within that time, it may become necessary to renew a lien against the debtor’s property.

References

• Okeechobee Clerk of Circuit Court: How to Collect a Judgment in Florida
• Illinois Legal Aid: How Do I Place a Lien against Someone's Real Estate to Collect on a Judgment?
• Nolo: Collect Your Court Judgment With a Real Estate Lien