First, if no lawsuit is filed within a year, the homeowner can obtain a certificate from the circuit court clerk confirming that no lawsuit has been filed and the lien is removed by recording the clerk certificate with the register of deeds. The second way is through a bonding-off process.
Key Takeaways. A judgment lien is a court ruling that gives a creditor the right to take possession of a debtor's property if the debtor fails to fulfill their contractual obligations. Judgment liens are nonconsensual because they are attached to property without the owner's consent or agreement.
Judgment liens may simply be filed and recorded by an attorney. There is no personal confrontation with the defendant and no personal property is seized. Service of the judgment lien on the judgment debtor is by certified mail if the judgment is less than $25,000.
2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.
A judgment creditor can file a lien with the court 22 days after the judgment is entered against the debtor, provided that the debtor has not appealed or moved to set the judgment aside. The lien is then sent to the register of deeds for recording in the county where the debtor lives.