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Old 07-07-2009, 07:28 PM
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place lien on intellectual property for non-payment of loan?


What is the name of your state (only U.S. law)? Maryland

An individual owes me on a personal loan about $75k which is overdue and payable on demand per the note. His only "property" of any value is a patent. He has incorporated a company of which he is the 100% owner and transferred ownership of the patent to this company.

If I brought suit against him, would I be able to place a lien against his ownership in the company and/or on the patent itself or both? Would a court have the authority to prevent him from, through, the company, of transferring ownership to another person or entity?What is the name of your state (only U.S. law)?
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Old 07-08-2009, 11:27 AM
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Quote:
Originally Posted by BrainerdIII View Post
What is the name of your state (only U.S. law)? Maryland

An individual owes me on a personal loan about $75k which is overdue and payable on demand per the note. His only "property" of any value is a patent. He has incorporated a company of which he is the 100% owner and transferred ownership of the patent to this company.

If I brought suit against him, would I be able to place a lien against his ownership in the company and/or on the patent itself or both? Would a court have the authority to prevent him from, through, the company, of transferring ownership to another person or entity?What is the name of your state (only U.S. law)?
In principle, yes -- a patent is just another piece of property that can be used as security. Whether it actually can be used as such, or whether the courts in your state will allow you to place such a lien, is dependent on your own state's laws. Contact a local lawyer to find out what your state allows with respect to liens used to secure judgments.
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