Legal Question in Credit and Debt Law in New Mexico
Collecting debt with a Lien against the debtor's Home
I appreciate any insight you may have in this matter. I have a signed letter and am holding a check for money loaned to someone in the amount of $17,000. They told me to hold the check until they closed on one of their properties. They defaulted on that property and I know if I try and cash the check, it will ''bounce''. Their letter clearly states that they will pay me back and is signed.
They are now avoiding me and will not return my calls for them to now make payments on their debt to me which is well over 18 months past due.
Can I have a Lien placed against their home, which they've now put on the market for sale? If so, what forms do I need to fill out and where do I take such forms?
Thanks for your Help!!!
-JGH
1 Answer from Attorneys
Re: Collecting debt with a Lien against the debtor's Home
Although I do not know the law of NM generally you need a judgment to file a lien.