Lien and final judgment, collection,

Asked over 2 years ago - Fort Lauderdale, FL

can any body put a lien on anybody else's property? apparently, if i want to put a lien on someone's property, all i have to do is to go to clerk of court and record the lien and the party on whom i will put the lien can not stop me from doing so?
is that record?

Maybe at the final judgment hearing is the only time the defendant has to be present at a court hearing to defend him or her self against the lien? am i correct?

Attorney answers (3)

  1. Sheila Dawn Norman

    Contributor Level 10

    2

    Lawyers agree

    Answered . There are a number of requirements for obtaining a valid lien. Among other things, the Debtor would have to agree to pledge something as collateral unless there is a judgment against the creditor which may give the creditor the right to obtain a lien without the Debtor's consent. Someone who believes that a lien is invalid can obtain relief, which may require a lawsuit. A defendant should appear at any hearings where something will be decided that affects them if they have a position on the issue that they want the Court to consider. Sometimes, very important issues that are actually the most important in a case may be decided during a hearing that is not a final judgment hearing. It is typically obtaining the judgment which creates a judgment lien which will attach automatically to real (not homestead) and personal property which belongs to the Debtor. Sometimes additional hearings are held, for instance to get a lien recorded on a vehicle title.

  2. Dorota J. Trzeciecka

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You first have to get a final judgment before you can lien someone's personal or real property. Final judgment when recorded creates a lien on real property of the debtor, and the debtor cannot sell the property without first satisfying the lien. There is a special procedure to put a lien on personal property, and depends on type of property on which you want to place a lien.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  3. Will Murphy

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Your question talks about just going to the clerk and recording a lien, but the title references a "final judgment." If we are talking about a judgment lien, the creditor would have to file a complaint, get it served on the defendant and then either prove their case or get a default entered. If the latter, then the defendant didn't defend the case.

    There just aren't enough facts in your question to offer any specific suggestions. If a default judgment was entered, if it was recent and you have grounds to set aside the default and judgment you should act without delay. Diligence is a factor in whether the court will grant any relief.

    There is no substitute for the professional advice of an attorney who knows your case and represents you. My post... more

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