Legal Question in Real Estate Law in Pennsylvania

Non-payment, how can I place a lien?

I gave $6,000 to another, to help them relocate from Pennsylvania to California. I entered in a simple contract with them saying that basically they owe me $6,000.

I told them that i would wait to get paid until their house is sold, since they are strapped for money. Now after all that we have done for them, with the loan plus other things, they have gotten upset with us (for some reason?) and refuse to talk to us.

I would like to place a lien on their home being sold in Penn. so that we can be assured of OUR money. Suing them now will not accomplish nothing (i think?) because they laterally have nothing to pay us with.

any help/suggestions/advice would be very appreciated

confused

Richard


Asked on 8/01/02, 5:04 pm

3 Answers from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Non-payment, how can I place a lien?

I suggest you consult an attorney immediately. I strongly recommend that you immediately file a law suit in Pennsylvania to collect before the real estate is sold. That is the only way to place a lien against their real estate. Time is of the essence in view of the fact the moved. More detail is needed in order to properly advise you. If I can be of any assistence please call. Gerald Hershenson 215-579-9390

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Answered on 8/01/02, 5:13 pm
Martin Snitow

Re: Non-payment, how can I place a lien?

Suing them in PA may make sense so that you can get a judgment and then file a lien before the house is sold. You should speak to a PA attorney to see if that will work.

If you can't sue in PA, you should be able to sue in CA. The problem is that $6,000 is above the small claims limit here. Either you waive the excess and stay in small claims, or file a "limited jurisdiction" case in Superior Court. If you get a judgment in CA, you have to get it approved in PA as a foreign judgment and then you can record a lien there.

The lesson to be learned is never lend more than $5,000.

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Answered on 8/01/02, 7:31 pm
Stanley Fudor Law Offices of Stanley Fudor

Re: Non-payment, how can I place a lien?

To get a lien on their property ,you must sue first and get a judgment. Then have it recorded in the courts which will place a lien on their property.

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Answered on 8/01/02, 8:56 pm


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