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Author Topic: Question for the legally minded.  (Read 909 times)
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Posts: 27796


Maggie Valley, NC


« on: August 04, 2016, 07:45:26 AM »

Where can I find a form to file a lien against anothers property.

I can find mechanics liens in stores and online but no simple property lien forms.

Still trying to get the wages I'm owed by previous employer.
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Chrisj CMA
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Crestview (Panhandle) Florida


« Reply #1 on: August 04, 2016, 08:06:46 AM »

I'm no expert but unless you are the IRS I think your only option is to get a lawyer and sue them in court.
« Last Edit: August 04, 2016, 08:08:35 AM by Chrisj CMA » Logged
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« Reply #2 on: August 04, 2016, 08:25:53 AM »

Whew ! I thought maybe you still wanted to sue me for libel.
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Maggie Valley, NC


« Reply #3 on: August 04, 2016, 09:44:14 AM »

I'm no expert but unless you are the IRS I think your only option is to get a lawyer and sue them in court.

Done that in small claims court and got judgement. Now I have to get the over $8,000 owed to me.
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Oss
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The lower Hudson Valley

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« Reply #4 on: August 04, 2016, 10:33:22 AM »

The County Sheriff or Marshal can help you collect

Call them, tell them what you have, you will be surprised as they make money off the top (poundage)

A Sheriff may be able to simply sieze accounts and sell assets,

When you were paid did you ever save a paycheck or make a copy as it would show the bank used by the debtor !!!   

Your own bank may have this info on its data files
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Rams
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Covington, TN


« Reply #5 on: August 04, 2016, 10:34:55 AM »

I'm no expert but unless you are the IRS I think your only option is to get a lawyer and sue them in court.

Done that in small claims court and got judgement. Now I have to get the over $8,000 owed to me.

Doesn't your state have a Dept. of Labor?   
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vanagon40
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Greenwood, IN


« Reply #6 on: August 04, 2016, 10:43:38 AM »

The form will depend on the state you are in.

In Indiana, a small claims court judgment is automatically a lien against against any real estate owned by the judgment debtor in the county of the judgment. To place a lien on real estate in another county, the claimant simply records the judgment in the other county.

A court order is required to attach personal property.

Sorry, I cannot answer your question for outside Indiana on where to find a lien form.
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Jess from VA
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No VA


« Reply #7 on: August 04, 2016, 11:24:12 AM »

Sorry Paul, this is not my area of expertise, and not in GA.

I have often found a lot of reading on-line, state specific.  Some is good, some is bad, keep reading.

Sometimes Court Clerks (or other employees) can be helpful.  Sometimes, they just say we can't give legal advice.



« Last Edit: August 04, 2016, 11:26:04 AM by Jess from VA » Logged
MarkT
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« Reply #8 on: August 04, 2016, 01:05:29 PM »

If it was me, I'd go find a lawyer with expertise in the appropriate area, and have him pursue his legal fees as well.  But that's just me...
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John Schmidt
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De Pere, WI (Green Bay)


« Reply #9 on: August 04, 2016, 01:30:39 PM »

An older gent I did some work for many years ago was owed a princely sum by a local attorney who refused to pay the agreed on price for a complete new carpet and tile job at his home. He told the old gent this is all I'm paying you because that's all it's worth to me....even though there was a signed paper. The older gent didn't have the money to go after him in court, the one thing he did have was a young son that often worked on issues outside the law and was a member of the local biker gang....Outlaws I believe. He knew the att'y. had a nice cabin cruiser type boat, about 38', with all the bells and whistles, and knew where he kept it. He kept watch at his place and one day found it in the driveway as he went past, apparently being readied for an upcoming vacation. That night, as the son put it....."I repossessed it." It must have happened around midnight because the att'y and wife were at a party until 3:00am per reports. I don't know where the son took it, I just know he and his dad quit asking for what was owed to them....and dad suddenly had a new truck to boot. The att'y screamed bloody murder, threatened to sue so all the son did was wave the contract in his face....which the att'y still refused to honor. He never sued, and never got his boat back either. Some time later in conversation with the son, a hint slipped out about how he hopes someone in Mexico enjoys their new boat. I wouldn't recommend that procedure, especially if a person doesn't have the connections the son did. I do know that isn't the first time a "repossessed" boat has been put in the water off Florida's west coast, then follow the southern coastline a mile or so out around to Texas where the new owner is met.
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NW roller
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Dunkirk MD


« Reply #10 on: August 04, 2016, 05:54:55 PM »

I'm confused you said you won in small claims court. Did you receive that money or he has not paid up on that yet. Usually they have a time frame to pay. If already were given a judgment how can you go after them for more money? Should you not have gotten a lawyer and sued for the full amount all at once.
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Bighead
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Madison Alabama


« Reply #11 on: August 04, 2016, 05:57:37 PM »

I'm confused you said you won in small claims court. Did you receive that money or he has not paid up on that yet. Usually they have a time frame to pay. If already were given a judgment how can you go after them for more money? Should you not have gotten a lawyer and sued for the full amount all at once.
Just because he won the Judgement don't mean he has seen any money
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Maggie Valley, NC


« Reply #12 on: August 04, 2016, 06:13:29 PM »

I'm confused you said you won in small claims court. Did you receive that money or he has not paid up on that yet. Usually they have a time frame to pay. If already were given a judgment how can you go after them for more money? Should you not have gotten a lawyer and sued for the full amount all at once.

Did not get money.

Having won in small claims court is the first step. Getting money is much harder.

Not going for more money just what was decided in small claims court.

Small claims court in my county is for amounts less than $15,000. No need to get lawyer involved.
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Maggie Valley, NC


« Reply #13 on: August 04, 2016, 06:14:54 PM »

Sorry Paul, this is not my area of expertise, and not in GA.

I have often found a lot of reading on-line, state specific.  Some is good, some is bad, keep reading.

Sometimes Court Clerks (or other employees) can be helpful.  Sometimes, they just say we can't give legal advice.[/i



yep magistrates court here will not give ANY advice. And rightly so otherwise they'd get idiots saying they were advised badly.
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Maggie Valley, NC


« Reply #14 on: August 04, 2016, 06:15:45 PM »

I'm no expert but unless you are the IRS I think your only option is to get a lawyer and sue them in court.

Done that in small claims court and got judgement. Now I have to get the over $8,000 owed to me.

Doesn't your state have a Dept. of Labor?   

Yep not much help with legal problems. Telling them I wasn't paid would have not helped me get my money.
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Maggie Valley, NC


« Reply #15 on: August 04, 2016, 06:18:01 PM »

The County Sheriff or Marshal can help you collect

Call them, tell them what you have, you will be surprised as they make money off the top (poundage)

A Sheriff may be able to simply sieze accounts and sell assets,

When you were paid did you ever save a paycheck or make a copy as it would show the bank used by the debtor !!!   

Your own bank may have this info on its data files

Grrr. I have posted my woes re the Marshals service on F Book. Too long to repeat here. A change from a paper system to an online system left me, and possibly others, lost in the transition.
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Oss
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« Reply #16 on: August 04, 2016, 07:39:30 PM »

In NYC once you get the Judgment you pay $15 for a transcript of that Judgment
Then you walk down to the Supreme Court where the County clerk is located and for $25 you docket the Judgment
If money is found out of the county its real simple to docket in another county but once you have the judgment filed in the county clerk office it is general public knowledge
For instance Paul when you were buying the house if you had a title search it would have disclosed any judgment on seller (and u)
If you call the county sheriff you will find their civil division is helpful as I said they also make money and it comes from the Debtor not you

A mechanics lien in NY is something you file BEFORE getting a Judgment
Once Britman had gotten a Judgment it would only be about collection
« Last Edit: August 06, 2016, 05:20:33 AM by Oss » Logged

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cookiedough
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southern WI


« Reply #17 on: August 04, 2016, 08:43:51 PM »

I'm with Oss on this as well,  local Sheriff should be some help.

I went that route on small claims court action on a deadbeat in town locally who hit my car with no insurance being the law and local idiot police never gave him a ticket or followed up on NO insurance as required by law, but that was car related and had the police report done on it as well.  Also contacted DMV (vehicle related) and got them to enforce a timeframe of payment and if not paid in full with my approval,  then DMV was going to take his drivers license away as well.  10 months after accident his fault I got what was owed finally having him take out his retirement funds. 

Am sure you can somehow seize assets of his legally, but might take some time.  Be persistent though since will take some time regardless no doubt. 
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Hooter
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S.W. Michigan


« Reply #18 on: August 05, 2016, 03:00:02 AM »

This is Michigan now. When I was on the road and if you called me for this type of problem I would refer you to an attorney or small claims court. Especially depending on the amount owed. This is a civil matter but there may be extenuating cirstances that border on criminal? Attorneys figure these things out for you but it will cost money to get money. If it's a large amount use an attorney (a good one) or at least speak with one. My 2 cents.
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Jess from VA
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No VA


« Reply #19 on: August 05, 2016, 06:32:16 AM »

http://research.lawyers.com/georgia/ga-collecting-the-judgment.html

https://www.nolo.com/legal-encyclopedia/judgment-liens-georgia-46829.html

http://www.waltoncountyga.gov/fileadmin/files/sitecopy/MagCt/documents/civiljudgmentprocedures_001.pdf

http://www.gwinnettcountysheriff.com/index.php/divisions/first-division-title/writ-of-fieri-facias-fi-fa-personal-property-levy/

https://www.athensclarkecounty.com/709/Writs-of-Fieri-Facias

http://www.waltoncountyga.gov/fileadmin/files/sitecopy/MagCt/documents/fifa_000.pdf

Google this for the relevant GA counties where the defendant has property to attach liens. Georgia writ of fieri facias form
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vanagon40
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Greenwood, IN


« Reply #20 on: August 05, 2016, 08:38:42 PM »

Good for you Jess. Britman asked:

Where can I find a form to file a lien against anothers property.

I can find mechanics liens in stores and online but no simple property lien forms.

Still trying to get the wages I'm owed by previous employer.

I believe you have the first and only post that actually responds to his question (and I will admit that my post did not).

 cooldude
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threevalks
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Letart, WV


« Reply #21 on: August 06, 2016, 09:21:29 AM »

            Just curious. Unless you were making a hell of a paycheck, why would you let an employer get $8,000 behind on wages? I would have drug up (QUIT)  that job long before that.
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If you're gonna be stupid, ya gota be tough
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Maggie Valley, NC


« Reply #22 on: August 06, 2016, 01:22:26 PM »

            Just curious. Unless you were making a hell of a paycheck, why would you let an employer get $8,000 behind on wages? I would have drug up (QUIT)  that job long before that.

Start up and trying to make it happen. Until I found out I wasn't being paid at the end. They should have told me the $$$ had run out but chose not to.
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Maggie Valley, NC


« Reply #23 on: August 12, 2016, 06:21:58 AM »

Thanks Jess. Fulton County Clerk of Superior Court has no links to the paperwork needed and these are the people we pay with our taxes.

http://fultonclerk.org/285/Civil-Forms

Because the court decided to use EZFileGA.com for all filings starting in April of this year my case has been "lost" even though my case was heard in court on 2/17/16. No one can find it in any computer or paper system. This includes the Marshals Service. What a joke.
« Last Edit: August 12, 2016, 06:24:16 AM by Britman » Logged
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