Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
Essentially, consensual liens don't adversely affect your credit as long as repayment terms are satisfied. 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.
Key examples of liens include mortgage liens, mechanic's liens, tax liens, warehouseman's liens, and judgment liens.
Enforcing Your Judgment Get in touch with the judgment debtor. Levy (seize) assets that you have personal knowledge of. Examine judgment debtor in court to locate unknown assets. Suspend the judgment debtor's driver's license if the judgment is for auto accident.
(c) The acknowledgment of assignment of judgment shall be: (1) Made in the manner of an acknowledgment of a conveyance of real property. (2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one.
(b) An acknowledgment of assignment of judgment shall contain all of the following: (1) The title of the court where the judgment is entered and the cause and number of the action. (2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
To remove a lien, file a certified copy of the Acknowledgment of Satisfaction of Judgment (form EJ-100) with each county recorder's office where you put the lien on their property.
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.