If you have a judgementagainst someone, can you lien theirproperty?

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If you have a judgementagainst someone, can you lien theirproperty?

I have 2 judgements against my ex-husband – 1 is for child support arrears and 1 for small claims credit card charges. He has paid neither. He bought a timeshare about 6 months ago and is paying monthly on it. Is it possible to put a lien on the timeshare? Also, is it possible to put a lien on his car that is not paid off?

Asked on July 10, 2011 under Bankruptcy Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking a lien is something that you put on real property.  A timeshare is not real property but you can indeed put a lien against it, although it may be difficult to ever collect.  If you place a lien against thetimeshare, you cannot collect until the owner goes to sell his or her fraction of ownership. Usually from the proceeds from the sale.  As for the car, a sheriff or Marshall can levy against the property and sell it to pay your debt, but if there is a loan that is going got be primary.  Will there be enough for you once the loan is satisfied?  Look in to garnishment of his wages too.  But keep getting judgements because they can collected against his estate as well.  Good luck.


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