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  1. #1
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    Nov 2015
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    Default Can You Place a Lien on a Property Without a Judgment

    My question involves real estate located in the State of: California
    Is it possible to place a lien on a property without a judgement against the property owner?

  2. #2
    Join Date
    Nov 2013
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    6,823

    Default Re: Is It Possible

    Well it depends on what the lien is for. Mortgages and promissory notes can create a lien on property without a judgment.

    How about some information so we can answer the question?

  3. #3
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    Nov 2015
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    Default Re: Is It Possible

    damage to my fence by my neighbor's actions. Have not been to small claims court to get a judgement. Just got an estimate of the cost to repair the damage. $3000. Is it possible to file a lien without a judgement from the court?

  4. #4
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    Sep 2018
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    Ohio
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    Default Re: Is It Possible

    Quote Quoting jeffdickey
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    damage to my fence by my neighbor's actions. Have not been to small claims court to get a judgement. Just got an estimate of the cost to repair the damage. $3000. Is it possible to file a lien without a judgement from the court?
    Pre-judgment attachments are not allowed in CA small claims courts.

  5. #5
    Join Date
    Oct 2006
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    16,097

    Default Re: Is It Possible

    Quote Quoting jeffdickey
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    damage to my fence by my neighbor's actions. Have not been to small claims court to get a judgement. Just got an estimate of the cost to repair the damage. $3000. Is it possible to file a lien without a judgement from the court?

    There are two ways to obtain a lien. The first way is by contract...someone gives you something and in exchange you give them a lien against your home/assets. The second way is by court order...someone gets a judgment against you due to your breech of a contract and that result in a judgment against you that in turn allows you to put a lien/levy against various assets that they own.


    Based on what you have described, you will need to obtain a court ordered judgment before you would be able to place a lien against your neighbor's property.

  6. #6
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    Nov 2015
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    Default Re: Is It Possible

    thats what i thought

  7. #7
    Join Date
    Oct 2014
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    7,847

    Default Re: Is It Possible

    Quote Quoting llworking
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    There are two ways to obtain a lien. The first way is by contract...someone gives you something and in exchange you give them a lien against your home/assets. The second way is by court order...someone gets a judgment against you due to your breech of a contract and that result in a judgment against you that in turn allows you to put a lien/levy against various assets that they own.
    There is a third type of lien, though it is not applicable to the OP's situation. And that is a statutory lien. Statutory liens arise, as the name implies, by statute. If you meet the conditions set out in the governing statute to qualify for the lien, you get the lien without having to get agreement from from the other party or getting a judgment against him in court. One example of a statutory lien in many states is the mechanics lien available to those who provide work to improve real property.

  8. #8
    Join Date
    Sep 2018
    Location
    Ohio
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    380

    Default Re: Is It Possible

    Hey TM, how do equate Fuentes v. Shevin 407 US 67, to this, as a curiosity. It just popped in my mind from way back.

  9. #9
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    Jan 2006
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    Default Re: Is It Possible

    Quote Quoting Taxing Matters
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    There is a third type of lien, though it is not applicable to the OP's situation. And that is a statutory lien. Statutory liens arise, as the name implies, by statute. If you meet the conditions set out in the governing statute to qualify for the lien, you get the lien without having to get agreement from from the other party or getting a judgment against him in court. One example of a statutory lien in many states is the mechanics lien available to those who provide work to improve real property.
    Wouldn’t a mechanics lien be based in contract though? Somewhere along the line, for a mechanics lien to apply, there must be a contract engaging the lien holder to provide materials or services for the property the lien is asserted against. I would see llworking’s explanation to fit within the description of a mechanics lien.

  10. #10
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    Sep 2018
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    Ohio
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    380

    Default Re: Is It Possible

    Quote Quoting jk
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    Wouldn’t a mechanics lien be based in contract though? Somewhere along the line, for a mechanics lien to apply, there must be a contract engaging the lien holder to provide materials or services for the property the lien is asserted against. I would see llworking’s explanation to fit within the description of a mechanics lien.
    Ohio Constitution:

    Article 2: Section 33:

    Mechanics' and builders' liens:

    Laws may be passed to secure to mechanics, artisans, laborers, sub-contractors and material men, their just dues by direct lien upon the property, upon which they have bestowed labor or for which they have furnished material. No other provision of the constitution shall impair or limit this power.

    (Adopted Sept. 3, 1912.)

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