Legal Question in Real Estate Law in Arizona

Lien Filing

1 - Can I file a lien against property my brother owns on money he owes my sister and myself?

2 - Will I need an attorney to complete the forms & file?

Thank you for your assistance.


Asked on 10/11/06, 10:31 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Lien Filing

In the United States we have constitutional rights to due process of law. Therefore, basically, you cannot sieze property without presenting your claim to a court and obtaining a judgment. You do this by filing a lawsuit, completing all the pre-trial procedures such as discovery, motions, etc. and proceed to trial and win the case, and then you get a judgment against the defendant. Once you have a judgment you can record it, and it will attach as a lien on real property. This is a simplified response, and not intended to be exhaustive as to all the details.

From your question, I feel you would not be a good attorney for yourself, with all due respect, any more than you would be encouraged in do-it-yourself dentistry.

If you want a free, no obligation consulatation for more questions call 480.835.1500. In most cases, attorneys fees can be added to the claim for breach of contract.

best regards,

James D. Jenkins

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Answered on 10/12/06, 12:27 am


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