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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.
To impose a charging lien, four requirements must be satisfied: '(1) an express or implied contract between attorney and client; (2) an express or implied understanding for payment of attorney's fees out of the recovery; (3) either an avoidance of payment or a dispute as to the amount of fees; and (4) timely notice.
The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.
Code Ann. § 23-2-102, an attorney who files a lawsuit ?shall have a lien upon the plaintiff's or complainant's right of action from the date of the filing of the suit.? (Or, per Tenn. Code Ann.
Takeaway: If an attorney wants to create a valid attorney's lien under California law, the attorney will need to: (1) have an express provision in the fee agreement regarding the lien (express), or (2) have language in the fee agreement providing that the attorney will be paid for services rendered from the judgment ...