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How To Lien A Lawsuit

Occasionally, the only chance to recover your judgment is when your judgment debtor has a lawsuit against someone else. When your judgment debtor is suing someone else, it may be possible to put a lien on your debtor's lawsuit. If their lawsuit is successful, your lien will attach to your debtor's judgment, providing you another chance to get repaid. Note that when your debtor's debtor is broke, there's not as much reason to place a lien on your debtor's lawsuit.

My articles are my opinions and are not, legal advice. I'm a judgment broker, and not an attorney. If you want legal advice or a strategy to use, you should retain a lawyer.

A judgment creditor may lien their debtor's active lawsuit, before the final judgment. The creditor files a notice of lien (in California, Judicial Council Form EJ-185, also known as Form AT-180) with the court clerk. Notice of a judgment lien must be served (often by mail and/or by the court) on every party that filed an answer to the original complaint of your judgment debtor's lawsuit.

Each court has their own rules. Most often, besides your lien notice, a certified copy of your judgment is needed. If you are not the original prevailing party (the original judgment creditor), also provide a certified copy of the acknowledgment of assignment.

With lawsuit liens, until your judgment debtor's judgment becomes final, your lien doesn't really "attach". Occasionally, settlement discussions begin when you file the lawsuit lien. Usually, settlements don't work out, and a judgment owner will have to levy, to get a chance to be paid.

After your judgment debtor's lawsuit succeeds and is final, their judgment will be ready to be attached. Attachment starts by buying a writ of execution from a court, as that's the first step in almost every targeted judgment enforcement procedure. Next, file the judgment lien notice at the court. You will then have 2 chances to receive some payment. The first chance is actually just a chance, and that's when your lien might be a bargaining tool. For your judgment lien to be a bargaining chip, all these conditions need to be true:

1) Your judgment debtor's defendant owns sufficient available assets to settle or pay your debtor's judgment or lawsuit.

2) Your judgment debtor is the only plaintiff on their judgment or lawsuit against their debtor. If there is more than a single creditor, one or more of them may not agree that you've got a bargaining chip, as many people mistakenly think judgments are cash.

3) All parties agree with your negotiations and proposal, so that you get repaid, so that both lawsuits/judgments are repaid, at least to the extent possible. Remember, the most you can be paid is what's needed to satisfy your judgment.

Most often, judgment liens are just a lien, and recovery needs a levy by the Sheriff, just like all other Sheriff levies. Every Sheriff's office is different, and the expenses, and any deposits needed to levy a judgment debtor's property vary. The Sheriff could levy your debtor's judgment, publish notice of that sale, and then sell the debtor's rights to their judgment at an auction. You could credit bid on their judgment to buy it, only to the amount necessary to make your bid the highest bid.

About Author Mark Shapiro :

One stop judgment recovery: <a href="" target="_blank"></a> - Judgment Recovery. The easiest and fastest way to start recovering enforceable judgments. (Mark D. Shapiro 408-840-4610) Free, no obligation judgment evaluations.

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Article Added on Wednesday, April 16, 2014
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