Tuesday, August 21, 2012

Judgment lien on home

On Nov 12, 8:44 am, "Chuck" <sendmes...@thevolleyball.net> wrote:
> I won a judgement against an individual but they still have not satisfied
> the judgement.  I plan on placing a lien on his home.
>
> Since the amount of the judment is just under 2K and the property is worth
> 500K, I may have to wait until he sells the property to collect.  Is there a
> way to get some sort of interest on the judgement if the defandant makes me
> wait years to see any money?  For example, can I get the lien in the amount
> of the judgement, PLUS a reasonable interest rate?

Yes.   The law of your state will determine this.  Why don't foax tell the group where they are?  Laws differ from place to place.  I feel like a broken record (see my comment to Johnny the Pro Se Defendant's query about unanswered interrogatories also posted this morning, repeated for your edification at * below).

That said, what you propose sounds reasonable.  The law in most if not all USA states provides for post-judgment interest and prescribes the applicable rate.  Here in MD, the legal rate is 10% simple annual interest.  So when you do finally collect on your lien, you will get a return on your investment.

As a side note to the question you didn't ask, if your judgment is just against one individual, and if that individual happens to be married and to own the home as tenants by the entireties or as joint tenants with the spouse, you may not be able to lien the home to satisfy your judgment.  This is way too complicated to address in a Usenet post, but you should be aware this is not necessarily a piece of cake from your POV.   Good luck.

* As do many other posters, Johnny, you fail to tell us what state you're in, or even if you're in USA.  OK, posters, help us out here a bit, huh, when asking specific questions about laws that vary from state to state?   All you're going to be able to get are general answers that may not apply to you.

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal matter.
For confidential professional advice, consult your own lawyer in a private communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685      (fax) 410-740-4300

 

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