Can a lien be placed on the property of someone holding power of attorney of it?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a lien be placed on the property of someone holding power of attorney of it?

I received a judgement of a permanent restraining order against an individual along with reimbursement of all attorney’s fees. The debtor holds only power of attorney of the property where she’s lives. Can I put a judgement lien against that property for non payment of awarded judgement?

Asked on July 23, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you can't. A POA gives someone the power to *manage* property, but doesn't make them the owner of it or given them financial stake in it. Since they don't own the property, it can't be used to satisfy their debts. You can't put a lien on another person's property due to a dispute with or judgment against someone else, the same way that if, say, someone who is a manager a local restaurant owed you money, you could not put put a lien on the restaurant.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption