Legal Question in Real Estate Law in Iowa
How do I place a lein for an unpaid court judgement?
I won a court case, the defendant has not paid me. I do not know where he banks so I can't garnish his checking account(how do I find that out)but how can I place a lein on his home to ensure he pays me? Any other alternatives for me?
2 Answers from Attorneys
Re: How do I place a lein for an unpaid court judgement?
If you are in Illinois, you will need to file a Memorandum of Judgment in the Recorder of Deeds office for the county in which he owns real estate. This will put a lien against any property he now owns in that county, as well as any he purchases in that county. The lien lasts for seven years, though it may be renewed. Your lien will be next in priority to anything already of record.
For example, if he has a mortgage on the property, that mortgage will have priority over your lien. However, if there are no other liens or mortgages, you are in a first lien position, and you could foreclose against him.
You should also schedule a debtor's examination to question him about his assets, including where he banks. An attorney in your area would be able to help with that.
Re: How do I place a lein for an unpaid court judgement?
Sorry, I just noticed that your question related to Iowa. In Iowa, a judgment is automatically a lien against any property owned or subsequently purchased by the judgment debtor in the county in which the judgment was entered. For other counties, you would need to file a certificate of judgment. The other items in my previous reply still apply.
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