Can I place a lien on some farmland if the owner owes me money? 19 Answers as of April 22, 2014

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James D. Lampathakis P.A. | James D Lampathakis
Normally you can not just place a lien on a piece of property you must first file a lawsuit.
Answer Applies to: Florida
Replied: 4/22/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
Unless you are a contractor on the property or have a judgment, no.
Answer Applies to: California
Replied: 4/21/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If you sue him and get a judgment, then you can.
Answer Applies to: California
Replied: 4/21/2014
Law Offices of Frances Headley | Frances Headley
If someone owes you money you must first sue them and win a judgment before you can file a lien unless you are entitled to file a mechanic?s lien for work that you did for them.
Answer Applies to: California
Replied: 4/21/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Only if you get a judgment and he does not pay.
Answer Applies to: Michigan
Replied: 4/21/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, after you sue and get a judgment.
    Answer Applies to: California
    Replied: 4/21/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Best to reduce the lien to judgment by bring a lawsuit against the person, and recording a judgment against the property, unless the loan document provides for an alternate method.
    Answer Applies to: California
    Replied: 4/21/2014
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Only after you obtain a court judgment or if the borrower signed a security agreement or mortgage.
    Answer Applies to: Oregon
    Replied: 4/21/2014
    Frederick & Frederick PLC | James P Frederick
    Depends on a lot of facts which are not part of your summary. Do you have a judgment against him/her? Did your contract allow you to convert your debt to a secured interest? Most likely, the answer to your question would be no, but more information is needed to be sure.
    Answer Applies to: Michigan
    Replied: 4/21/2014
    James Law Group
    James Law Group | Christine James
    Unless you are a contractor, no you cannot. You need to file a lawsuit and get a judgment.
    Answer Applies to: California
    Replied: 4/21/2014
    Durham Jones & Pinegar | Erven Nelson
    Yes. There are various ways to do so. If you provided labor or materials to improve the property, such as through construction, you could file a mechanic's lien. To perfect the line you would need to file a lawsuit within a certain period of time. Each state has its own laws on how and when you must file the lien and the lawsuit, so find some help. If you cannot file a mechanic's lien, you would need to file a lawsuit, get a judgment in your favor from the court, and record the judgment on the farmland like a deed to establish your lien.
    Answer Applies to: Nevada
    Replied: 4/21/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Did you perform services or improvements on the land that increased the value? Do you have a judgment? If not, the answer is probably no. Speak to an attorney about your situation and next steps in the county, or at least the state where the land is situated. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
    Answer Applies to: Nevada
    Replied: 4/21/2014
    Gates' Law, PLLC | Thomas E. Gates
    Yes, you may place a lien on the farmland. However, understand your responsibility to enforce the lien.
    Answer Applies to: Washington
    Replied: 4/21/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Only if you bring a civil action against the owner, win and get a judgment. Then you can go through the process of getting a judgment lien on the property.
    Answer Applies to: Idaho
    Replied: 4/21/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    To determine if you have any right to do so, contact a lawyer who specializes in liens.
    Answer Applies to: Colorado
    Replied: 4/21/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    You can, if you obtain a Judgment against the owner, otherwise, no. You should be aware, you need to have a Judgment against the owner of the farmland to obtain a judgment lien against the land. For example, if the land is owned by a husband and wife, and you obtain a Judgment against just the husband, you can't obtain a judgment lien against the land. If the land is owned by an entity, such as Larson Farms, LLC and you obtain a judgment against Mr. Larson, you won't obtain a judgment lien against the land. If you obtain a judgment lien against the land, you cannot foreclosure the judgment lien. All you can do is wait for some event to occur in which the judgment lien causes a problem for the owner, then the owner will need to deal with you.
    Answer Applies to: Michigan
    Replied: 4/21/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    You cannot place a lien on property without the owner's consent, except in limited circumstances. The nature of the debt is important. Mechanic's liens can be recorded against property if permitted under the Mechanics Lien statute. Landlords and warehousemen can lien property within their control to pay for possession or storage related debt. Broker's can lien property under limited circumstances. If you have obtained a judgment against the debtor you can place a lien on property.
    Answer Applies to: Illinois
    Replied: 4/21/2014
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