Legal Question in Credit and Debt Law in Massachusetts
How does one go about placing a lien on property?
I have a small claims judgement and payment order that have been ignored by the defendant. How does one go about putting a lien on property? Do I have to hire an attorney for a small claims case? The defendant's house is currently for sale can I still put a lien on his property?
1 Answer from Attorneys
Re: How does one go about placing a lien on property?
You need to act quickly, once the property is sold it is going to be difficult.
There are two ways to go about this:
1. Ask the court to issue an "execution" and then send that to the sherriff for your area and have the sherriff record that at the Registry of Deeds. It must be on record prior to the closing. Check with the Sherriff first to make certain they will do this.
2. File a separate lawsuit (called a suit on a judgment) and ask the court for a pretrial attachment. This can not be done in Small Claims.
If we can assist you we are happy to do so. Our fee is one third of the amount recovered plus costs and costs have to be sent in advance.
Fiorentini Law Office
James J. Fiorentini
978 374-0596
www.FiorentiniLaw.com