How to File a Lien Against a Defendant's Property

If you have won a judgment in a small-claims court, you may choose to file a lien against a defendant's property. A lien allows the plaintiff to collect a portion of the proceeds from a sale or refinance of the property. While the process may seem simple and inexpensive, filing a lien is not as easy as filling out a few forms.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Certified copy of your judgment

File a Lien on the Property of the Defendant

1. Try to collect the judgment from the defendant. You should attempt to have the debtor voluntarily pay the judgment before placing a lien.
2. Hire a lawyer. If you are having problems collecting on a small-claims judgment, you should speak to a lawyer about all your options before you file a lien against the defendant's property. A lien does not guarantee any payment, nor does it provide a way for a quick payment. An attorney may be able to help force a sale or collect your money some other way.
3. Register your judgment with the land records office in any county where the defendant owns property. You will need to know the property address that you wish to file the lien against.
4. Wait for the defendant to sell the property. With a lien, you only collect a portion of the defendant's proceeds from the sale or refinance of the property. The property cannot be sold or financed without the liens being settled.
5. Read more about liens and other ways to collect your judgment on the Nolo Web site (see Resources below).

Tips & Warnings

• In a few states, as soon as you file the judgment with the court, a lien is automatically placed on the defendant's property. Check with your county clerk's office to find out whether this is the case where you live.
• Ask for a disclosure of assets or file a motion of contempt if the defendant does not pay the judgment according to the court order. This would disclose any property the defendant owns.
• If there are other liens placed on the property, you may still place your lien but should consider pursuing other means of collecting your judgment. Liens are paid out in the order in which they were placed.
• If the property is transferred (and not sold), the liens transfer to the new owner. This usually occurs when property is left to a relative in a will. The lien does not need to be satisfied for the transfer to complete.