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.
1 Answer from Attorneys
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