Judgment Lien On Personal Property With Mortgage In California

Q: Can someone put a lien on my house without a contract in California?

You do not have to have a contract to file a mechanic&#039;s lien. However, you do need to be a licensed contractor. If you are licensed, then you can record the lien within 90 days of finishing the project, regardless of whether you had a written contract.

Category:

Letters - Notices - Judgment Liens

State:

Multi-State

Control #:

US-0025LTR

Format:

Instant download

Description

The Judgment Lien on Personal Property with Mortgage in California form serves as a critical tool for attaching a lien to the personal property of a debtor following a legal judgment. It effectively secures a creditor's interest in the debtor's property, ensuring that the creditor can claim the amount owed, even if the debtor attempts to sell or refinance the property. Key features of this form include clear sections for identifying the creditor and debtor, details of the judgment, and instructions for recording the lien with the appropriate county authority. The form is designed to be user-friendly, aiding individuals with minimal legal backgrounds in accurately completing all necessary fields. It is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to navigate the process of securing a judgment. To fill out the form, users should collect all relevant information about the judgment and the parties involved, ensuring all details are accurate to prevent future disputes. Editing the form is straightforward, allowing for modifications to fit specific case circumstances, such as adding additional counties for recording if the debtor has multiple properties. The use case scenarios for this form include enforcing payment from a business partner or recovering debts from former clients, making it essential in various legal and business contexts.

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FAQ

Real estate tax liens are in first position and get top priority regardless of when the taxes were incurred.

For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

A mortgage can become a lien if the mortgagor goes into default, but otherwise a mortgage is not technically a lien. In county terminology, a Lien is a court-ordered claim against an individual recorded at the Prothonotary's Office.

A property owner can choose to place a lien on their property. A voluntary lien is a claim over the property that a homeowner agrees to give to a creditor as security for the payment of a debt. A mortgage lien is the most common type of voluntary real estate lien, also called a deed of trust lien in some states.

Exemption from the Enforcement of Judgments Type of PropertyCode Social Security Direct Deposit Accounts (the account itself) CCP § 704.080 Wages CCP § 704.070 Public Assistance (Welfare) CCP § 704.170 W&I § 17409 Charity; Fraternal Benefit Funds CCP § 704.17027 more rows

Personal property such as medical equipment, work tools, and basic household items are generally exempt from seizure by a judgment creditor. Negotiating a payment plan with the creditor is often the best approach to avoid prolonged and stressful collection efforts.

The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.

An involuntary lien can occur without your knowledge, depending on the circumstances. A creditor often places a judgment lien after suing you and winning the case.

You do not have to have a contract to file a mechanic's lien. However, you do need to be a licensed contractor. If you are licensed, then you can record the lien within 90 days of finishing the project, regardless of whether you had a written contract.

To determine if a lien has been filed against you, come into the Office of the Clerk Recorder or online at . The website will allow you search the index. ing to California State Law, documents can only be viewed in the Clerk Recorder office.