Lien Meaning In Montgomery
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A lien is a claim that is usually recorded, against a piece of property or against an owner, in order to satisfy a debt or other obligation. The purpose of the lien is to enable the lienholder or creditor to institute an action to foreclose his lien. This means that the property can be sold by the creditor.
Judgment and most statutory liens have a negative impact on your credit score and report, which affect your ability to obtain financing in the future. Consensual liens (that are repaid) won't adversely affect your credit, while judgment and (most) statutory liens have a negative impact on your credit score and report.
Interested persons may visit the county clerk's office where the lien is filed and examine relevant public records. Alternatively, the searches can be done online using the county clerk's online search tool (if available in the county of interest).
To establish a lien, a contractor or subcontractor must file a petition in the circuit court for the county where the property is located within 180 days after completing work on the property or providing materials.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
To file a lien claim, you will need: A brief description of the work you performed. The original contractor's name (general contractor) and mailing address (only if you are a subcontractor or sub-subcontractor). Sub-subcontractors will also need the name and mailing address of every subcontractor above them.
Code § 35-11-215). Deadline and Place to File the Complaint: A lienor must file a complaint to enforce the lien in state circuit court in the county where the property is located within six (6) months of the maturity of the entire indebtedness (see Ala. Code §§ 35-11-220 and -221).
The Montgomery County, Texas requirements for recording a mechanics lien are: Verify you have the right to file a valid lien. Draft your Texas affidavit of lien form (mechanics lien claim) for your specific role on the job. File your lien claim with the County Clerk's office where work was performed.
All lien claimants, except an original contractor must give notice prior to filing a verified statement of lien. The notice must be given in writing to the owner stating that a lien is claimed, setting forth the amount and the subject of the lien, and the person or entity from whom it is owning. Ala. Code § 35-11-218.
Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).
