Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
To obtain a judgment lien, you must first record the judgment with the court of common pleas in the county where the debtor owns property. The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.
How does a creditor go about getting a judgment lien in Illinois? To attach a lien, if the debtor's property is located in the same county where the judgment was entered, the creditor files the judgment with the county recorder.
Generally, collection efforts must follow the laws of the state in which the debtor lives. So, the typical collection path for an out-of-state debt would be to get a judgment in the other state, then domesticate the judgment in your resident state.
Steps to File a Valid Pennsylvania Mechanics Lien Send Preliminary Notice Within 30 Days. Send Pre-Lien Notice at Least 30 Days Before Filing. File Your Lien Claim at Prothonotary's Office. Serve Notice of Filing on the Owner. Start Suit to Enforce Lien Within Two Years. File a Lien Bond to Remove the Lien.
The sister-state judgment allows a creditor to recover debts from a debtor who has relocated to California using a court order or judgment that was issued in another state.
The FDCPA however is very specific in that a debt collector can only sue in the county and state where the contract was signed or the county and state where the defendant currently resides.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
If a judgment is entered against the debtor in one state, but the debtor resides in another state or the debtor's assets are located in another state, then the creditor must transfer the judgment to that state.