If you cannot get the other party to settle or execute a document evidencing the debt, then you need to file suit. If you prevail, then you can proceed to enforce the judgment. There are many ways to enforce a money judgment including wage garnishment, levy of bank or investment accounts, and attaching a lien on real property.
You should consult with a debt collection or litigation attorney in your area.
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A creditor must first obtain a judgment in order to attach a bank account or impress a lien upon real property.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
You have a claim at present, and the option to file a lawsuit before the statute of limitations runs, to obtain a judgment, and then you can seek collection of the judgment.
The assistance of a collection attorney is advised.
General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
As other counsel pointed out, you cannot just get a lien on the house. You would have to file a lawsuit at the County Court and get a judgment. Once you have a judgment you can have it recorded as a lien against property by registering it down in Trenton.
I hope that helps. If you have any questions feel free to contact my office.
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.
Fist and foremost, when did you lend the money to your friend. I strongly suggest you seek the advice of an attorney, as there are time limitations within which you can file a lawsuit seeking recovery of the amount you loaned. Also, if you a mortgage was not executed in connection with this transaction, it does not appear that you will automatically have a lien on your friend's property. However, if you obtain a judgment, there are steps that you can take to place a judgment lien on the real property. Again, you should discuss these options with an attorney.
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