Judgment Lien On Personal Property Without Paying For It In Utah
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A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets. They are involuntary liens because they are not agreed to, but instead arise by law.
The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment lien, sometimes referred to as an “abstract of judgment,” is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor's property and/or assets.
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.
A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets. They are involuntary liens because they are not agreed to, but instead arise by law.
A judgment lien is considered a nonconsensual lien because it is attached to a piece of property without the owner's consent or agreement.
Creditors know that putting a lien on your property is a cheap and almost guaranteed way of collecting the debt they're owed. In some states, contractors and subcontractors must notify the property owner before filing a lien, but in other states property liens can be filed without any notice to the owner.
The Court had to make sense of the statutes and ultimately held that in lien theory in Utah, the title to the mortgaged property remains with the mortgagor: "Utah, along with most of the other western states, has long been recognized as a 'lien theory' state.
File the lien: A construction lien is typically filed with the county clerk in which the project is located. The paperwork and filing requirements vary by state, but will usually involve listing the work performed, the unpaid amount(s) at issue, as well as attaching copies of contracts and any required notices.
Utah Code 38-1a-501 (1)(a) A person who desires to claim a construction lien on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property.
