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You are here: Small Claims > Collect Your Judgment > Putting a Lien on a Debtor's Property
How do I put a lien on the debtor's real property?
How do I put a lien on the debtor's personal property?
How do I put a lien on the debtor's business assets?
How do I put a lien on a lawsuit that the debtor has against someone else?
If I renew my judgment, what happens to the liens?
How do I put a lien on the debtor's real property?
Have the court clerk issue an Abstract of Judgment-Civil (form EJ-001) for a $15 fee. Take or mail the Abstract of Judgment to the County Recorder's office in the county where you believe the debtor owns real property. Click here to find a County Recorder  . The recording fee should be about $20. You will not be paid automatically, but if there is a refinancing or sale of the property, you should get paid your money with interest. Check out Code of Civil Procedure sections 697.310 through 697.410 . Some county assessors will confirm if a debtor owns real property over the phone. Click here to find a local tax assessor .
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How do I put a lien on the debtor's personal property?
A personal property lien is used to assert your claim in property (other than real estate) owned by the debtor. Check out Code of Civil Procedure sections 697.510 through 697.670 . In theory, if the property is transferred to someone else (while a lien is in effect), the judgment lien continues even though the property is sold, exchanged, or disposed of. For more information, check out Code of Civil Procedure section 697.610 . During the time period that the lien is effective, you can have the sheriff take the personal property and sell it at public auction to pay the debt. Personal property liens can be created in two ways. The lien can be created by filing a Notice of Judgment Lien (JL-1 ) the California Secretary of State with or by serving the debtor with a notice of a debtor's examination.
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How do I put a lien on the debtor's business assets?
You can create a lien on the debtor's business assets by filing a Notice of Judgment Lien (JL-1 ) with the California Secretary of State. Check out Code of Civil Procedure sections 697.510 through 697.670 .
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How do I put a lien on a lawsuit that the debtor has against someone else?
You can place a lien on the debtor's recovery in a pending lawsuit by:
- Having the court issue an Abstract of Judgment (form EJ-001). The fee for this is usually about $15.
- Prepare a Notice of Lien (form EJ-185).
- File the two forms with the court where the debtor's lawsuit is pending.
- Personally serve or mail copies of the documents to all of the parties in the debtor's lawsuit.
- Check out Code of Civil Procedure sections 708.410 through 708.480 .
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If I renew my judgment what happens to the liens?
The liens are no longer enforceable because the judgment upon which the liens were based is no longer enforceable. In order to extend a real property lien you must record a certified copy of the Application for and Renewal of Judgment (form EJ-190). Check out Code of Civil Procedure section 683.180 . Click here to find out how much time you have to collect your judgment before it is not enforceable.
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Last modified: 03/17/2008
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