I'm trying to understand on how lien is being recorded.
A creditor won a judgment against me. I called the LA Country Recorder office, and spoke to someone there, that searched my record. However, she told me that record is searched based on name and not real property ?
I'm confused. I thought a lien is placed against your real property, not your name ?
I'm still trying to understand the sequence of process. So if the court issued an abstract of judgment, does the court need to mail this out to all parties, so that the creditor can take this 'judgment letter' to the recorder office and it becomes a judgment lien ? OR The abstract judgment already becomes an judgment lien against me on the day the court issued it without having the creditor bringing it to the recorder office ? I appreciate any advise and feedback...!!!
An abstract of judgment (a judgment lien) is recorded against your name, not any specific real property.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Chapter 7 Bankruptcy Attorney
When recorded, an abstract of judgment attaches to any real property located in the county (ie., Los Angeles County) that is owned by the individual whom the judgment was entered against.
NOTE: we can be reached at www.salanicklaw.com (310) 590-4575. This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Lawsuit / Dispute Attorney
The other attorneys are correct, the recorded abstract of judgment affects all real property recorded with the defendant's name, not any particular parcel.
Please see my blog posting regarding learning of a default judgment. If you were not properly served with the summons and complaint, then you should promptly consult and retain an attorney with experience representing consumers in a debt collection lawsuit, to set aside the default judgment and defend you in this case. That will also remove the recorded lien and protect you from enforcement of this judgment, such as wage garnishment and a levy on your bank account. Please mention this posting on Avvo, if you contact my office for a free consultation.
Robert Stempler (please see DISCLAIMER below)
NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.
I agree with my colleagues. Also know that if an abstract of judgment is recorded against you, it will cause a lien to be created not only agains real property you own in that county now, but also any real property that you might acquire in that county later. You can search the county records under your name to find out whether anything has been recorded against you. Hope this helps.