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Someone who is owed money is generally not able to just put a lien on property without first securing a judgment. Securing a judgment requires the creditor to sue the debtor. This may be through circuit court in many jurisdictions. If under a certain dollar amount, this suit may be through the small claims court.
With the judgment in hand, a judgment creditor can place a judgment lien on your real estate and occasionally on personal property depending on the state in which you live.
The commercial lien is simple, inexpensive, and takes very little time. It requires no court action or judge's approval. And, it has proven to be very direct and effective, if it is handled correctly.
In order to have a mechanics lien in New Hampshire, the lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court. This may be done without notice of this action to the owner or other parties (Notice of Attempt to Lien must be given previously if lien claimant is not the general contractor).
If you want to place a lien on a commercial rental property and you are not the landlord, you may need to put a lien on the property by filing with the court of record in the jurisdiction where the property is actually located.
The commercial lien is used by the IRS to take possession of the homes and cars of many citizens in America. However, when it comes to all things outside of the IRS from real estate to basic business practices, the commercial lien is something that just about anyone can file.
A mortgage creates a lien on your property that gives the lender the right to foreclose and sell the home to satisfy the debt. A deed of trust (sometimes called a trust deed) is also a document that gives the lender the right to sell the property to satisfy the debt should you fail to pay back the loan.
When your efforts to collect a bill from a business that owes you money have been unsuccessful, you can place a lien on the assets of the business. As a lienholder, you gain legal rights to the company's property and the authority to sell the property and use the proceeds to repay what is owed to you.
A lien refers to a notice that is attached to assets used as collateral for any potential debts owed. This occurs when a business owner borrows money from a lender. The lender will hold onto the property lien until the debt has been paid in full.