Continuing in our series about money judgment collection, here’s another option for how judgment creditors can collect from debtors. We’ve already discussed wage garnishments, bank levies and even what to do if you don’t have any information on the debtor’s assets. Another common method of collection involves placing a lien on the judgment debtor’s real property.
Before the creditor starts the process of getting a judgment lien placed on the debtor’s real property, the creditor should investigate: 1) what properties the debtor owns, and 2) what existing liens/debts (i.e. mortgages) are already on the property, since they may take precedence.
If the debtor is a property owner, the creditor can get a real property lien placed on the debtor’s property. To obtain the judgment lien, the creditor must prepare an Abstract of Judgment and get the Abstract issued (in other words, approved) by the Court. Once the Court has signed off on the Abstract and you have a copy bearing the official court seal, then the Abstract can be recorded with the appropriate County Recorder. The Abstract should be recorded in the County where the debtor owns real property.
The Court and the County Recorder will collect fees to issue and record the Abstract. Once the Abstract of Judgment is recorded, the debtor must satisfy the lien before they can sell or refinance the property owned in the County where the Abstract was recorded.
Always consult an attorney with your questions regarding money judgment collection. For more information, please contact Richardson “Red” Griswold of Griswold Law.
