If they won't pay....

What is the name of your state? Maine

Ok here goes. I had a builder that did an incredibly bad job on a simple renovation. We fired him and I ended up taking him to small claims court. I asked for $4500.00 (maximum amt. allowed) plus costs $78.00 and rec'd the judgement in my favor as he did not show up for the court date. I have to wait 30 days and then if he does not pay I have to schedule a disclosure hearing. I am very sure he will not show up to that and I understand the next step will be a contempt motion. He was living in New Hampshire prior to buying a home here in Maine which he closed on in November....his big intentions are to fix this house up and then "flip it" in the spring for more money so I know my time is limited if I want to try to get this money out of him for what is due me...he will more than likely leave and go back to New Hampshire...so back to my question..a friend has suggested that I put a lien on this house to get him to take this seriously..then I think he will pay me the $$ sell the house with his profit and hopefully leave the state. Can some one please advise me if this is first of all correct info and that I can indeed put a lien on it for the $4578.00 and 2nd of all what paper do I need and where do I go to do this(registry of deeds with my judgement ? ) (after the 30 days are up of course). Thank you.
islandgal

This is where I was reading....
http://www.ptla.org/debt.htm
Also:http://janus.state.me.us/legis/statutes/14/title14sec4422.pdf What is the name of your state?

islandgal said:

What is the name of your state? Maine

Ok here goes. I had a builder that did an incredibly bad job on a simple renovation. We fired him and I ended up taking him to small claims court. I asked for $4500.00 (maximum amt. allowed) plus costs $78.00 and rec'd the judgement in my favor as he did not show up for the court date. I have to wait 30 days and then if he does not pay I have to schedule a disclosure hearing. I am very sure he will not show up to that and I understand the next step will be a contempt motion. He was living in New Hampshire prior to buying a home here in Maine which he closed on in November....his big intentions are to fix this house up and then "flip it" in the spring for more money so I know my time is limited if I want to try to get this money out of him for what is due me...he will more than likely leave and go back to New Hampshire...so back to my question..a friend has suggested that I put a lien on this house to get him to take this seriously..then I think he will pay me the $$ sell the house with his profit and hopefully leave the state. Can some one please advise me if this is first of all correct info and that I can indeed put a lien on it for the $4578.00 and 2nd of all what paper do I need and where do I go to do this(registry of deeds with my judgement ? ) (after the 30 days are up of course). Thank you.
islandgal

This is where I was reading....
http://www.ptla.org/debt.htm
Also:http://janus.state.me.us/legis/statutes/14/title14sec4422.pdf What is the name of your state?

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Does Maine allow small claims judgments to be liens on real estate?

islandgal said:

Can some one please advise me if this is first of all correct info

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Yes, it is correct. You can file a judgment lien on any non-exempt assets of the judgment debtor.

and that I can indeed put a lien on it for the $4578.00

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Yes, you can.

Judgment liens on debtor's non-exempt real property and/or items of personal property are permitted under 14 M.R.S.A. 4651-A.
http://janus.state.me.us/legis/statutes/14/title14sec4651-A.html

Liens on real property in Maine are created by the filing of an attested copy of a Writ of Execution with the county registry of deeds. Or, for motor vehicles or other personal property, filing an attested copy of the Writ with the Secretary of State. Certified mail notice of the filing must be sent to the debtor within 30 days following the lien filing in order to perfect the judgment lien, otherwise, the lien will be void.

JETX wrote ~
Quote : "Liens on real property in Maine are created by the filing of an attested copy of a Writ of Execution with the county registry of deeds. Or, for motor vehicles or other personal property, filing an attested copy of the Writ with the Secretary of State. Certified mail notice of the filing must be sent to the debtor within 30 days following the lien filing in order to perfect the judgment lien, otherwise, the lien will be void"

Thank you for your reply! Would you please explain what an "attested copy of Writ of Execution " is ? What I have in my hand right now is "Notice of Judgement". Is the attested copy of Writ of Execution a paper that I
have to go back to the courthouse and get or do I have to go back in front of a judge to get this? Please let me apologize in advance for my ignorance of the legal system and it's workings....and ask for you to simplify things Also I found this online but it doesn't tell how to do it ..it says that it can be done but not how...UGH !!
Taken from this website: http://www.ptla.org/debt.htm#What can the judge order once the hearing is over
Quote:
3) The judge can order that a lien be placed on property you own. This means that the creditor will have a claim to part of your property until you pay back what you owe. If someone has a lien on your property, you may not sell it without the consent of the creditor. The creditor can also obtain a lien against your property without a court order.
Question #2 How long must I wait before I do this...I must wait the 30 days from the time the judgement was rendered?
Thank you very much for taking the time to answer.
islandgal

islandgal said:

JETX wrote ~
Quote : "Liens on real property in Maine are created by the filing of an attested copy of a Writ of Execution with the county registry of deeds. Or, for motor vehicles or other personal property, filing an attested copy of the Writ with the Secretary of State. Certified mail notice of the filing must be sent to the debtor within 30 days following the lien filing in order to perfect the judgment lien, otherwise, the lien will be void"

Thank you for your reply! Would you please explain what an "attested copy of Writ of Execution " is ? What I have in my hand right now is "Notice of Judgement". Is the attested copy of Writ of Execution a paper that I
have to go back to the courthouse and get or do I have to go back in front of a judge to get this? Please let me apologize in advance for my ignorance of the legal system and it's workings....and ask for you to simplify things Also I found this online but it doesn't tell how to do it ..it says that it can be done but not how...UGH !!
Taken from this website: http://www.ptla.org/debt.htm#What can the judge order once the hearing is over
Quote:
3) The judge can order that a lien be placed on property you own. This means that the creditor will have a claim to part of your property until you pay back what you owe. If someone has a lien on your property, you may not sell it without the consent of the creditor. The creditor can also obtain a lien against your property without a court order.
Question #2 How long must I wait before I do this...I must wait the 30 days from the time the judgement was rendered?
Thank you very much for taking the time to answer.
islandgal

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Go to the court where you got this judgment and ask them if they have writs you can fill out. You have to record it in the land deed records AND send notice per the statute within 30 days.

Thank you seniorjudge for your reply. I will make sure that I send notice also when it is done. Is this something that I can do now? I rec'd the judgement on Friday the 17th. I want to get this lien in effect as he is very busy fixing up this house to sell and it is the only leverage that I have with this man to make him understand that he must pay me the money due me. He made mention when I told him via a phone call that I was going to have to take him to small claims if we couldn't work it outthat he doesn't care about civil court - it is nothing to him and the only criminal court matters. He will be leaving the area as soon as he sells the house - spring is coming and the house will be put on the market soon....I am anxious to get this lien in place but not sure if can be done now with the judgement being rendered just this past Friday.....He has a truck and a pleasure boat can I also put liens on these with the lien on the house or does one have to pick and choose which one and only one? Thank you,
islandgal

islandgal said:

Thank you seniorjudge for your reply. I will make sure that I send notice also when it is done. Is this something that I can do now? I rec'd the judgement on Friday the 17th. I want to get this lien in effect as he is very busy fixing up this house to sell and it is the only leverage that I have with this man to make him understand that he must pay me the money due me. He made mention when I told him via a phone call that I was going to have to take him to small claims if we couldn't work it outthat he doesn't care about civil court - it is nothing to him and the only criminal court matters. He will be leaving the area as soon as he sells the house - spring is coming and the house will be put on the market soon....I am anxious to get this lien in place but not sure if can be done now with the judgement being rendered just this past Friday.....He has a truck and a pleasure boat can I also put liens on these with the lien on the house or does one have to pick and choose which one and only one? Thank you,
islandgal

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I would put a lien on everything you could and do it as soon as possible.

islandgal said:

Thank you seniorjudge for your reply. I will make sure that I send notice also when it is done. Is this something that I can do now? I rec'd the judgement on Friday the 17th. I want to get this lien in effect as he is very busy fixing up this house to sell and it is the only leverage that I have with this man to make him understand that he must pay me the money due me. He made mention when I told him via a phone call that I was going to have to take him to small claims if we couldn't work it outthat he doesn't care about civil court - it is nothing to him and the only criminal court matters. He will be leaving the area as soon as he sells the house - spring is coming and the house will be put on the market soon....I am anxious to get this lien in place but not sure if can be done now with the judgement being rendered just this past Friday.....He has a truck and a pleasure boat can I also put liens on these with the lien on the house or does one have to pick and choose which one and only one? Thank you,
islandgal

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Yes, you can do it now, unless he obtains a stay of execution, which he apparently has not.

badapple 40 wrote:

Yes, you can do it now, unless he obtains a stay of execution, which he apparently has not.

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Thank you for your reply. You do understand that I only got the judgement on this past Friday (February 17th) ? Just making sure we all understand I have not waited my 30 day appeal period... He did not bother to even show up for the court hearing. From what I can gather from reading he has the right to appeal if he was in court and the decision went against him. HE was not in court and I doubt very seriously if he has a credible excuse (hospitalization, dr. note etc.) he quite frankly blew it off. So my question is this: Does he still have the right to a stay of execution if he does not have a credible excuse for not showing??
My next question is about the Writ of Execution:
Ok I am getting it now..this is a paper that I obtain from the courthouse where I had my judgement and I ask the clerk at the small claims window for a writ of execution. If I chose to do more than one item : the house, the truck and the boat I will need 3 of them which I then fill out...the judge is not involved, and I take the one for the house to the registry of deeds and file it there..and send the other 2 to the Secretary of State of Maine. I must then notify the defendant that I have done this within 30 days or the liens are invalid.

Certified mail notice of the filing must be sent to the debtor within 30 days following the lien filing in order to perfect the judgment lien, otherwise, the lien will be void.

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Will the state send me something to let me know that the liens have been duly noted on their end, and do I have to wait for this notification before sending the notice to the debtor??
What do I send to the debtor to let him know that the lien has been filed ...? Is there a special paper to and fill out or do I send him photocopies of the Writ of Execution and this acts as his notification?
Thank you all so much for your help.
islandgal

Just because he was in default does not mean he cannot appeal.


Q: Will the state send me something to let me know that the liens have been duly noted on their end, and do I have to wait for this notification before sending the notice to the debtor??

A: You will get the recorded copy of whatever you record.


Q: What do I send to the debtor to let him know that the lien has been filed ...?

A: A certified copy of whatever you record.

Just because he was in default does not mean he cannot appeal.

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Ok that makes sense. Is there ever a time that the appeal of the judgement is over? Is it at the end of the 30 day time frame that we are in right now?

I found the following online:

5. Notice to judgment debtor. A lien created by this section becomes void and loses its status as a perfected security interest with respect to the right, title and interest of any particular judgment debtor and with respect to any other creditors of the judgment debtor unless the judgment creditor notifies the judgment debtor by certified or registered mail sent to the judgment debtor's last known address on or before the 20th day after filing or recording of the existence of the lien. The notice must contain the following:

A. The fact that a lien has been filed; [1987, c. 184, §23 (new).]


B. The date and place the lien was filed; [1987, c. 184, §23 (new).]


C. The amount of the judgment and costs as stated in the execution; [1987, c. 184, §23 (new).]


D. The name of the judgment creditor and attorney, if any, including their addresses; and [1987, c. 184, §23 (new).]


E. The following statement: "To dissolve this lien, please contact (the creditor or the creditor's attorney)." [1997, c. 20, §1 (amd).]

[1997, c. 20, §1 (amd).]

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I believe it is older material because it says 20 days but it probley would not hurt to include this info with the Writ of Execution to the debtor. So that is all there is to putting a lien on the property correct?

Appeals cannot be taken after the time for appeal has expired. This does not mean that he cannot later collaterally attack the judgment by a motion to set aside judgment, for instance, by arguing that notice of the suit was not given or that service was fraudulent, etc.

That said, once you have the judgment, unless the individual obtains a stay of execution, which he has not yet done, you are free to nail him to the wall.

One of our associates got into a pissing match with another attorney a while back who appealed and tried to have a judgement he obtained against a couple of defendants set aside. He nevertheless began collection efforts once the judgment was entered and journalized, and recovered the full amount. In Ohio, that made the judgment moot and put an end to the case (well, it was supposed to, anyways, but that is another story). My point is that you are free to begin collection efforts and should do so.

badapple40 wrore:

Appeals cannot be taken after the time for appeal has expired. This does not mean that he cannot later collaterally attack the judgment by a motion to set aside judgment, for instance, by arguing that notice of the suit was not given or that service was fraudulent, etc.

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Well luckily I paid extra and had the sheriff serve the papers and I have all that paperwork saved (he even called me after he served him and let me know that he had been served) but I guess he could argue that he didn't know the court date as that was sent via mail by the courthouse....hmmmmmm this is definately something he could pull.

unless the individual obtains a stay of execution,

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What is the time frame on this by chance ?? Is this part of the 30 day thing also and then he looses the right to do this or can he do a stay thru the whole process including when we go to the next step which is disclosure??
Thanks for your input btw much appreciated!!
islandgal