Page 130 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

3 Ways to Lien the JD’s Real Property

Around the country, states use 1 of 3 ways to put a lien on a debtor’s
real property.

Method #1: In some states, the lien is already automatic in the same
county when the judgment was rendered.

Method #2: In some other states you need to file or record a certified copy of
the judgment with the country records; and if the JD has property in another

county, then you file that judgment in that other county too. (Sometimes called a
“transcripted” judgment.) (Turn to Appendix #12 for an example)
Method #3: In other states, you record an Abstract of Judgment at the County

Recorder in the county where the debtor has real property. ((A few States
such as California, Texas) (Turn to Appendix #10 for an example.)

How do I know which method to lien that my state uses?

Easy peasy: Just Google “how to place a lien” + (your state) + “Nolo”.

NOLO.com is a terrific resource that either tells us much of the
enforcement info we need or tells us the state code which tells us the
enforcement method. Or both. Not perfect. But good. Check the state
code anyway just to make the NOLO info is current.

1. If the lien is automatic in your state + the JD has real property in the county

where the judgment is – do nothing.
2. If the line is automatic in your state + the JD has real property in a different
county from where the judgment was rendered, then request from the court either a
“certified copy of the judgment” or “transcript of judgment” and send it to a
courthouse where the JD has property, along with the correct fee.

Example: I had a Jasper County, Missouri judgment but the debtor’s property was in the
next county over. I called the Jasper County Court and asked for directions on how to place
a lien. The clerks said to mail in the $15 for the copy, and they would move it to the other
court themselves. I was done!

3. If your state requires you to record a certified copy of the judgment, then get
that copy from the court, and have it recorded at the recorder’s office.
4. If your state requires you record an “Abstract of Judgment,” the form is
online. Fill it out, and 1) send it to the court with the right fee + return envelope,

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