what can a lawyer put lein on if you have no property

You can’t place a lien on property the debtor does not own. You need to be aware that you can’t place liens on properties unless you know for sure that you know you have a right to do so. If you mistakenly place a lien on someone’s property, some jurisdictions can penalize you for taking that action.

Full Answer

Do I need a lawyer to place a lien on my property?

Before attempting to place a lien on anyone's property, it's important to hire a lawyer. Placing a lien on property can be extremely complicated depending on the requirements. Thus, a lawyer can help you obtain a lien against someone's property.

Can a lien be placed on a property without payment?

For instance, a contractor who worked on the debtor’s property can legally place a lien on the property if he doesn't receive payment. This is called a mechanics’ liens. The creditor, like a credit card company or individual, can sue and obtain a judgment against the property owner.

How can a creditor place a lien on a property?

Answer. A creditor can legally place a lien on property for a variety of reasons. Creditors can place a lien against a certain property owned by a debtor as security for a debt, according to Nolo. Some of the most well-known creditors are a mortgage company or bank. When the property owner purchases a home or building,...

Can a family law lien be filed on a property?

Family law real property liens. In a California marital action, a spouse can file a lien on a community real estate interest to secure payment of attorneys' fees in the action. The lien affects only the filing spouse's interest in the property. (Cal. Fam.

Which of the following is an example of an involuntary lien?

A common example of an involuntary lien is a tax lien. A tax lien is issued by the government when taxes are owed. If you avoid paying income taxes or property taxes on your home, the Internal Revenue Service (IRS) will file an involuntary lien to alert creditors that they have a right to your property.

Under which of the following types of liens can both the real property and the personal property of the debtor be sold to pay the debt?

Under which of the following types of liens can both the real property and the personal property of the debtor be sold to pay the debt? A judgment is a general, involuntary, equitable lien on both real and personal property owned by the debtor.

What is the difference between a general lien and a specific lien?

What is the difference between the terms general and specific? If a lien is general, then it applies to all personal and real property. If it is specific to one property, such as a house upon which a mortgage is applied, then it is specific.

Which lien affects all real and personal property?

General liens affect all the property, both real and personal, of a debtor.

How does a lien arise?

They arise when a party has obtained and retained lawful possession of an asset until the relevant debt is repaid. Common law liens are further classified into: A particular lien where a creditor retains possession of the debtor's property until the debt relating to that property is repaid; or.

What are the two kinds of lien?

The Indian Contract Act, 1872 classifies the Right of Lien into two types: Particular Lien and General Lien.

Who qualifies for general lien?

It is a right to retain the property belonging to another for a general balance of the account. A general lien is available to bankers, factors, attorneys of the High Court, and policy brokers. Example of General Lien; A has two accounts in a bank.

What are considered general liens?

A general lien is one that doesn't attach to a specific piece of collateral. Instead, it attaches to all the assets of the borrower. This includes their house, bank accounts, vehicles, and any other personal property the borrower may own.

What are the types of lien?

Types of LienPossessory Lien.Equitable Lien.Maritime Lien.

Which of the following liens take the highest priority?

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

Which is the best example of an involuntary general lien?

One example of involuntary liens at work involves the consequences to homeowners who don't pay their property taxes. Almost certainly, the county will eventually sell the house to pay the past-due tax obligation.

Which lien usually would be given highest priority?

A general rule in property law says that whichever lien is recorded first in the land records has higher priority over later-recorded liens. This rule is known as the "first in time, first in right" rule.

What is a lien on a property?

In simple terms, a property lien is something a creditor can attach to a property title that says you owe them money. Until you pay that debt, your title won’t be considered clear, which means you can’t refinance or sell your property. There are two types of liens:

What is a judgment lien?

Judgment Liens. The creditor can use a judgment lien on your property to ensure they receive the money they won in a suit against you. After a creditor wins a lawsuit against a debtor, the court can grant it a certificate of judgment that can be given to a land records office in the county where the property is located.

What is voluntary lien?

Voluntary liens are contracts between a creditor and a debtor, such as a mortgage. Involuntary liens are imposed by law when, for example, a debtor falls behind in tax payments. Involuntary liens can happen without notice depending on the situation. Most commonly, a creditor will place a lien against your property after it sues you and wins ...

What happens if a creditor forecloses on a property?

So, if a creditor forecloses, they have to continue making payments on the property or lose it altogether. Instead, a creditor may choose to collect what’s owed to them when you sell the property.

What to do if a creditor is seeking judgment against you?

Should you receive notice that a creditor is seeking judgment against you, don’t brush it off. Respond in writing and show up to any court dates with an attorney and documentation of your financial situation. If the ruling is not in your favor, keep your ear to the ground in case the creditor decides to create a lien.

Can a buyer buy a property without a clear title?

Instead, a creditor may choose to collect what’s owed to them when you sell the property. Buyers won’t usually buy a property without a clear title, so you would need to pay off your lien before being able to sell.

Can you put a lien on your home?

While it’s unlikely that just anyone can put a lien on your home or land, it’s not unheard of for a court decision or a settlement to result in a lien being placed against a property. To avoid that situation, let’s take a look at what kinds of events can lead to a lien and how you can fight them.

What is the good part of a lien?

However, the good part of a lien is that it can prevent property owners from selling their buildings or homes until the money is paid. However, placing a lien against property can take a large amount of leg work and time in court. For instance, people must obtain a judgment from their local courthouse first. This means suing the property owner who ...

Where to file a lien on a property?

Individuals must file the certified copy at the county land records department. This has to be the county where the property owner lives. Before attempting to place a lien on anyone's property, it's important to hire a lawyer. Placing a lien on property can be extremely complicated depending on the requirements.

When is a lawyer required to withdraw?

Required Withdrawal: A lawyer is required to withdraw if representation violates the law or any of the Rules of Professional Conduct, if he’s physically or mentally incapable of representing the client, or if the client discharges him.

What happens when an attorney is discharged?

When an attorney is discharged and/or allowed to withdraw from a case, he still maintains the duty to protect his former client’s interests through the transition to new counsel, including providing case file information to the new attorney.

Can a lien be denied if you fail to pay?

Whether you’ve failed to pay him or not, your attorney is still ethically obligated to avoid prejudicing the interests of your case. This basic rule applies very differently depending on the circumstances, but if the lien might hurt your chances in court, there is a higher likelihood that it will be denied.

Can an attorney withdraw from a case on the eve of trial?

Permissible Withdrawal: Withdrawal is also allowed for many reasons so long as there is no harm done to the client’s interests – so an attorney who wants to withdraw on the eve of trial will likely need to state an extremely good reason for doing so.

Can an attorney file a lien on my fees and costs?

Your attorney’s ability to file a lien for his fees and costs may hinge, among other factors, on whether his withdrawal was reasonable. If, for example, he withdrew from your case without giving a reason (or because he decided to become a professional golfer instead), and his withdrawal damaged your case, the court may well support you in your decision not to pay him for the work he did. If, however, his withdrawal was necessary or reasonable and if the court approved the withdrawal, it is likely that he will be able to recover reasonable fees and costs for the work he did, according to the terms of your contract.

What happens when you pay off a lien on your property?

A lien attached to your property puts others on notice that you owe a creditor money. Before you can sell your property and give clear title to a buyer, you must pay off the lien. Liens usually attach to real estate, but they can also attach to personal property in some situations. Not every creditor can immediately attach a lien to your property.

How long does a lien stay on a property?

The lien will stay until you pay the support you owe, until you sell or refinance your property, or until the recipient forces a lien sale, whichever happens first. Mechanic's or materialman's liens.

What are the types of involuntary liens?

Other Types of Involuntary Liens. Many creditors have a right to place a lien on your property without filing a lawsuit. Property tax liens. Usually, a property tax lien takes priority over all other mortgages or liens on the property, even if the property tax lien was placed on the property after the other liens.

What is voluntary lien?

Considered a "voluntary lien," this type of lien allows the lender to foreclose on the real estate or repossess the vehicle if the borrower fails to make timely payments or breaches (breaks) some other condition. Not all creditors need a borrower's consent before getting a lien, however.

How long does a contractor have to file a lien against a contractor?

In most states, the contractor must record the lien within one to six months of not being paid. The contractor then must sue you to enforce the lien within about one year (the range is one month to six years, depending on the state).

What happens if you don't pay your taxes?

If you don't pay your taxes, to protect its mortgage, the lender will usually pay the taxes and add that to your mortgage debt. IRS liens. If you fail to pay back taxes after receiving notices, the IRS can place a lien on all of your property.

Can a judgment be placed on your property?

With the judgment in hand, a judgment creditor can place a judgment lien on your real estate and occasionally on personal property depending on the state in which you live.

What happens if you don't pay a lawyer's bill?

It is important to be aware that if you don’t pay a lawyer’s bills for any reason, they are entitled to claim a lien and hold onto your file and any related documents you may have given them . If you need the file for any reason, such as ongoing court proceedings, you may need to seek advice about your options, such as:

What is the body that deals with lawyers?

They can assist with disputes such as fee disputes and dealing with a lien. For example, in New South Wales, the Office of the Legal Services Commissioner can order a lawyer to release a file if it determines it is fair and reasonable in the circumstances. You will need to make a formal complaint to the body in your state and set out the details of your dispute.

What happens when a tenant sues a landlord?

The tenant sued the landlord and won a judgment. The tenant placed the lien on the landlord’s building and eventually the landlord ended up paying off the lien when he sold the building. This is a situation where it was clear what the landlord owned and what the tenant lien.

How long does a judgment last?

Judgment are in force for a certain period of time unless you take action to extend the term of the judgment. Frequently, judgment terms are for 7 years or more, depending on the laws of your state. You can put a lien on any property owned by your debtor.

Can you put a lien on a property you don't own?

You can put a lien on any property owned by your debtor. You’ve described a situation where the debtor may come to own property in the future but doesn’t actually own the property now. You can’t place a lien on property the debtor does not own. You need to be aware that you can’t place liens on properties unless you know for sure ...

3 attorney answers

Generally, pre-marital debts and pre-marital assets are not owed or owned by the “marital community” in a community property state. However, real estate appreciation earned during the marriage may be considered community property.

Scott P. Tene'

I think you are overlooking a couple of problems. First, if YOU file bankruptcy, that will do nothing to eliminate the court judgment against your husband. Second, being able to protect RENTAL property from creditors, whether through a bankruptcy trustee or the judgment creditor, is unlikely.

Dorothy G Bunce

In our state, if the land is being purchased by contract for deed and that contract has not been recorded in the land records at the county courthouse, then the judgment lien will not attach to the property. If the contract has been recorded, the result could be different...

What Is A Lien?

Judgment Liens

• The creditor can use a judgment lien on your property to ensure they receive the money they won in a suit against you. After a creditor wins a lawsuit against a debtor, the court can grant it a certificate of judgment that can be given to a land records office in the county where the property is located. While no formal notice may be given to you, ...

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What Can Happen?

How to Help Prevent and Fight Against Liens

Prerequisites

Lien Limitations

Acceptable Reasons to Withdraw

• Your attorney’s ability to file a lien for his fees and costs may hinge, among other factors, on whether his withdrawal was reasonable. If, for example, he withdrew from your case without giving a reason (or because he decided to become a professional golfer instead), and his withdrawal damaged your case, the court may well support you in your deci...

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Responsibilities After Withdrawal