what kind of lawyer do you need for a lien

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.

Do I need an attorney to file a lien on a hotel?

Yes you need to hire an attorney. The lien laws are very specific. I am sure the hotel has retained lawyers just a phone call away, so you definitely need to be on a level playing field with an attorney. Your company should have an attorney lined up. If not interview a few attorneys and hire one. Offers FREE consultation! Offers FREE consultation!

Do I need a foreclosure lawyer to get a lien release?

The process for obtaining a lien release can present certain challenges. This is especially true if the lender is not willing to cooperate. Thus, if you need assistance with any issues involving the lien release process, then you may need to contact a local foreclosure lawyer for help.

What kind of lawyer do I need for a small business?

Business Lawyer (litigation or transactional) Many business owners assume they need a “business lawyer,” whatever the nature of the legal problem they’re experiencing. In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional.

How do you satisfy a lien?

Here are some ways to remove a lien from your property.Paying Off the Debt. If you pay off the underlying debt, the creditor will agree to release the lien. ... Negotiating a Partial Payoff. ... Asking the Court to Remove the Judgment Lien. ... Wait for the Statute of Limitations to Expire. ... Filing for Bankruptcy.

How long does a lien stay on your property in Pennsylvania?

five yearsHow long does a judgment lien last in Pennsylvania? A judgment lien in Pennsylvania will remain attached to the debtor's property (even if the property changes hands) for five years.

How do I file a lien in PA?

Unpaid contractors and suppliers can file a PA mechanics lien by following these steps:Fill out the Pennsylvania mechanics lien form. Fill out the PA lien form completely and accurately. ... File your lien claim with the county recorder. ... Serve a copy of the lien to the property owner.

What happens when a lien is placed on your home?

In case you borrow a loan from a bank in order to buy a house, a lien is placed on the house by the bank until you pay off the mortgage. If you fail to repay the mortgage the bank has the legal rights to seal your property. Tax liens Tax liens are the liens created by law.

Can you be forced to sell your home to pay for a judgment?

A charging order is very serious - you could lose your home if you don't pay back what you owe. After your creditor gets a charging order, they can usually apply to the court for another order to force you to sell your home. This is called an 'order for sale'.

How much is a lien fee in PA?

PennDOT will charge a fee of $62 or more for each check returned as uncollectible....Payments and Fees.Certificate Of Title And Lien FeesAmountOriginal Title Issuance:$58.00Duplicate Title by Owner:$58.00Duplicate Title by Lienholder:$58.00Duplicate Title by a Registered Dealer:$58.001 more row

What is a property lien in Pennsylvania?

A lien is defined as a charge on real or personal property for the satisfaction of debt or duty. The Department of Revenue files a lien with the county Prothonotary Office when an individual or business has unpaid delinquent taxes. When a lien is filed, it becomes a matter of public record.

How much does it cost to put a lien on a house in Pennsylvania?

The fee, as of May 2011, is $150 to file a lien in Pennsylvania. State law mandates the lien must be filed within six months from the date of delivery or completion of the contract. If the lien is granted the court will forward the information to the county recorder's office for recording.

Robert Allen Shipley

I agree with both counsel. However, even if the lien was not timely filed, per the state statute, you would still need an attorney to file the appropriate petition to have the lien extinguished and removed. If a lien was recorded, then I would recommend you contact a local attorney whose practice is concentrated in construction law.

Cheryl Rivera Smith

I agree with my colleague, but you also may want to check local laws. The lien may expire worthless if the landscaping company doesn't take action within a certain period of time. Best of luck.

Scott Louis Peterson

You should talk to an attorney. The only way to remove the lien is to go to court. The lien is probably not valid, and you can get your attorney's fees paid if the attorney successfully removes the lien. More

What can a foreclosure lawyer do?

An experienced foreclosure lawyer will be able to review your lien release document, draft and edit one that has not been signed yet, and can perform various other legal tasks, such as negotiating with your lender in order to help you succeed on your claim.

What is a lien on a loan?

A lien is a type of legal document that gives a creditor the right to claim a debtor’s property in the event that they default on their loan or debt payments. The lien ensures that the borrower will eventually pay off their debt or they will risk losing that property to the creditor. For example, when a person takes out a loan against their home, ...

How long does a lien waiver last?

Lastly, it is important to keep in mind that most liens will expire automatically after 10 years.

What happens if a lender refuses to release a lien?

If the lender forgets to or refuses to release the lien and the document confirms that they must, then the borrower may need to take legal action and file a lawsuit against the lender. A lawsuit will then enable the court to issue an order that requires the lender to lift the lien. Find the Right Foreclosure Lawyer.

Why is it problematic to have a lien on a property when there is no lien?

This is problematic because it can cause different issues to arise during future transactions that involve the property, such as not being able to sell it.

Can you sell a house with a lien?

In fact, it is usually the case that the property cannot be sold if there is a lien on it. A lien release, however, is when the lien holder relinquishes or removes the lien from the property, which essentially extinguishes their right to claim it. Aside from no longer having to make payments, the borrower will also be permitted to sell ...

Can a lien be taken away?

A lien also serves as a notice to any potential buyers that the property has not yet been paid off and thus can be taken away by the creditor. This can make it very difficult for the borrower to sell their property. In fact, it is usually the case that the property cannot be sold if there is a lien on it. A lien release, however, is ...

Kevin Jon Pribell

You must timely file a Construction Claim of Lien in Florida under 713.F.S. or you will lose your lien rights. Those rights are valuable. There are a few really good construction lien lawyers in Central Florida.

Scott G Wolfe JR

First and foremost, having an attorney file your mechanics lien claim in Florida, or in any other state, is the most comprehensive and fool proof approach that you can take towards such a claim.

Stephen Ross Verbit

You should consult with an experienced construction attorney to ensure your rights are properly preserved whether it be recording a claim of lien or proceeding against a payment bond. More

David M Adelstein

You should always consider engaging a lawyer to help you pressure your rights. In your case, if the owner is the aviation authority, this may very well be public property that you cannot lien. Instead, there may be a public payment bond in place (as you cannot lien public property).

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

Is business law a category?

In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional. Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons. ...

Can a business sue another business?

Businesses sue each other all the time, for any number of reasons. If your business is being sued for allegedly breaching a contract with another business, you will have more luck securing representation if you narrow your search to one seeking a business litigation attorney rather than a “business lawyer.”.

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.

What is a lien on real estate?

Liens on real estate are claims against property that are made in order to secure payment of a debt. If a person who owes a debt, often called a debtor, owes money to another person or entity, commonly called a creditor, then the creditor may place a lien on the debtor's property for the value of the debt owed. As a result of the lien, the real estate is used as collateral against the debt. As collateral, the real estate becomes an asset that is a potential source of payment of the debt, if the debtor otherwise fails to satisfy the debt by paying it in full.

What is a lien on a home?

A homeowner also may have an involuntary lien placed on his or her property for work that was done on the property, which is usually referred to as a construction or mechanic's lien. Any judgments for unpaid debts awarded by a court can attach as liens to a debtor's property, as can unpaid sums of child support.

What is the process of filing a lien on a property?

Filing a Property Lien. The process that creditors must follow in order to place liens on property differs according to state law. In most jurisdictions, there are specific notice requirements that a creditor must follow in order to notify the debtor that the lien may be placed on his or her real estate.

How to release a lien on a property?

The most obvious way to release a lien is for the debtor to pay the debt in full. Once the judgment, debt, or other financial obligation is paid by the debtor, the creditor must release the lien on the debtor's real estate.

What is a mechanic lien?

A mechanic lien is a claim against property for the value of services provided to a property owner with respect to that property. The most common instances that give rise to mechanic liens tend to involve home improvement services provided by a contractor or subcontractor. If the property owner contracts for certain services with a contractor, the work is then performed by the contractor, and the property owner refuses or otherwise fails to pay for those services as agreed, the contractor may file a lien against the property, which may be referred to as a mechanic lien, a construction lien, or a contractor's lien. By placing a lien against the property, the contractor is attempting to secure payment of the unpaid services by using the property itself.

Can a lien be placed on real estate?

There are many different types of situations that can result in the placement of a lien on real estate. In some cases, property owners place voluntary liens on their property, such as mortgage liens. By pledging their real estate as collateral for the mortgage loan, homeowners are able to secure the funds that they need for home improvement, debt consolidation, or other purposes.

What Does A Probate Attorney Do?

A probate attorney is basically an advisor to the beneficiaries of an estate or personal representative on how to handle any final matters of someone who is deceased.

What Are The Benefits Of Hiring An Estate Planning Attorney?

If you want to make sure all of your affairs will be handled with extra care, expertise and attention, you most definitely want to consider hiring an attorney. The benefits and security that come from taking this route produce a vast amount of benefits for you and your family.

How Do I Know I Need An Estate Planning Attorney?

Knowing when and for what reasons to hire an estate planning attorney can be challenging if you have never been informed of the appropriate circumstances in which to do so. Throughout your life, there are many things that can prompt the need to hire an estate planning attorney. Some of these things include:

How Much Does It Cost To Hire A Probate Attorney?

The important thing to understand when it comes to hiring a probate lawyer and how much it will cost you is that there are two separate areas of cost.

How Do I Find The Right Probate Lawyer?

When looking to hire a probate lawyer, it can be tempting to say yes to the first lawyer and jump right in to start going through the nitty-gritty of all the details immediately. While this may be time-efficient, it may be damaging to the long term results of your case.

What Happens If I Die Without A Will?

If you or someone you know unfortunately passes without having a will written, it means that you or this individual has died “intestate”. Laws that apply to this situation within your state will decide what to do with your property and assets and where they are distributed when someone is deceased.