Judgment Lien On Personal Property For Probate In Washington
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A judgment lien on the debtor's property is created automatically when the property is in the same Washington county where the judgment is entered. But when the debtor's property is in another Washington county, the creditor must file the judgment with the county clerk for that county.
For both residential and commercial projects, general contractors and subcontractors must file a claim of lien at the county auditor's office in the county where the work was performed within ninety (90) days after the last day labor, materials, equipment or services were provided at the site.
The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.
In Washington, it's eight months from recordation, usually with no extensions. If a lien claimant fails to commence foreclosure within the specified period, the lien becomes effectively unenforceable. But it remains recorded for all to see.
Laws § 9-26-33. Final judgments create a lien upon real estate for a period of ten years.
Interested parties may contact the county recorder's office where the property is located or where the owner resides to begin a tax lien search in Washington. This may be the most reliable method of obtaining all the information required.
A judgment lien in Washington will remain attached to the debtor's property (even if the property changes hands) for ten years.
The most common type of lien is what's usually referred to as a Mechanic's Lien. Sometimes called "construction liens," "laborer liens," or "artisan's liens," they are filed by contractors, subcontractors, or construction firms.
Upon payment and acceptance of the amount due to the lien claimant and upon demand of the owner or the person making payment, the lien claimant shall immediately prepare and execute a release of all lien rights for which payment has been made, and deliver the release to the person making payment.
