Legal Question in Personal Injury in California

Liens

What is the difference between an Execution Lien and an Attachment Lien in accordance with an Abtract of Judgment?


Asked on 2/21/02, 1:42 pm

2 Answers from Attorneys

Mary Thorndal Law Offices of Mary Thorndal

Re: Liens

An execution Lien is broader; an attachment lien is specific to a particular asset, as I understand it. I would like to doublecheck this by current research. Do you need help? If so, contact me. Good luck. Mary Thorndal, Esq.

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Answered on 2/25/02, 12:00 pm
Victor Hobbs Victor E. Hobbs

Re: Liens

When the judgement creditor has the judgment they may go to the civil clerk and have the clerk issue an Abstract. (The creditor types it up and presents it to the clerk.) The judgment creditor then takes it to be recorded at which time it attaches to any real property in the judgement debtor's name in the county in which it is recorded. Nothing happens unless the property is to be sold, other things have to be done to make this happen. If the property is sold or inherited then the buyer gets the lien, probably what you're referring to as an Attachment Lien. Which is created by the recorded Abstract. If the lien holder wants to have the property sold he/she must do more to bring about the sale by the county sheriff. That's probably what you're referring to as an Execution Lien.

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Answered on 2/23/02, 10:09 am


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