How can you obtain a lien on someone if they owe you money?

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How can you obtain a lien on someone if they owe you money?

My husband has been working for someone but they have had a falling out. The contractor is now saying he won’t pay him. He owes him over $20,000.

Asked on September 28, 2011 under Bankruptcy Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

With respect to the obligation fo $20,000 owed your husband by the contractor, is there a promissory note signed by the contractor secured by a trust deed or mortgage? If there is a trust deed or mortgage securing the loan, then that is the lien.

Absent this, your husband will need to file a lawsuit against the contractor for the $20,000 owed. If your husband obtains a judgment for money owed on this lawsuit against the contractor, your husband would then submit an abstract of judgment to the court clerk for issuance. Once issued by the court clerk, your husband would then record this abstract of judgment with the county recorder's office against the contractor. Once this document is recorded, your husband would now have his lien on any real property owned by the contractor.


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