Montana Attorney's Lien
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FAQ
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.
The right of a lawyer to hold a client's property until the client pays for legal services provided. The property may include business files, official documents, and money awarded by a court.
Therefore, liens are not officially recorded, and personal property could be sold off to a third party who is unaware of the lien's existence. In most states, judgment liens must be filed by the creditor through the county or state.
To place a lien, you must first demonstrate that you have a valid debt that has not been paid by the property holder for example if you performed construction work as a contractor or subcontractor at company headquarters and the business did not pay your bill.
Fill out the correct mechanics lien form. Send a notice of lien claim. File your mechanics lien with the right county recorder. Release or enforce your mechanics lien.
How long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.
Fill out an Abstract Of Judgment form. Bring or mail the two paper copies to the court. Bring or mail two copies of the Abstract Of Judgment to the county recorder where the judgment debtor's property is located.
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.
