• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need some help again...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

islandgal

Junior Member
What is the name of your state? Maine

To be brief this is where I am at in my case:
Rec'd default judgement on February 18th for the total amount $4500.00 plus costs $78.00.
I am in the 30 day appeal period which ends this Friday the 18th, but I cannot do anything till Monday the 20th as it has to be the full 30 days.
I have been up to Superior Court and into the Registry of Deeds. My understanding that all I need to so in order to put a lien against the debtors property is to go back to District court and ask for a "certified copy" of my judgement. This I take to Superior to the Registry and they file it.
Question: Does this now make it a "judgement lien" ?
The woman in the Registry said it may show up as Misc. when they go thru the deed but it will show up. I really would of liked to have it show up as a lien, however nobody seems to be able to tell me how to make this happen. I have talked to the courthouse and they are unhelpful. There is not a piece of paper titled "judgement lien" that one can fill out....I did however find a "Lien Certificate" that looked like what I wanted to file.....however no one could tell me where to get this lien certificate paperwork. Called District courthouse....nope not there.....looked online ..nope. Does anyone know what I am speaking of. A Writ of Execution seems to be easy to find and get...it is a piece of paper written as such. My understanding it that once it is filled out properly it allows the sheriff go to the debtors and seize personal property.
Question: Is there an acutal piece of paper that says Lien Certificate and where can one find this piece of paper?
Question: Is my understanding of Writ of Execution correct?
I also want to put a lien on this man's truck. Nobody can tell me what I need to do. It can be done yet no explanation of how.
Question: Is it a matter of obtaining another "certified copy" of my judgement from District court and sending it to the DMV of Maine? If so I must have a form to fill out telling them the debtors name and type of truck/ License plate number correct? Is their a form ...I have been to the website of the DMV and I am coming up with nothing. Does the VIN number have to be included ( I do not see how someone would be able to obtain another persons VIN number from their auto) and if I send the plate number then wouldn't the DMV add the VIN number from their resources...after all he could just change plates and then the "lien" that I am trying to enforce would be lost.....unless the VIN number was there also. correct?
Thank you in advance for any help.
islandgal
 
Last edited:


seniorjudge

Senior Member
islandgal said:
What is the name of your state? Maine

To be brief this is where I am at in my case:
Rec'd default judgement on February 18th for the total amount $4500.00 plus costs $78.00.
I am in the 30 day appeal period which ends this Friday the 18th, but I cannot do anything till Monday the 20th as it has to be the full 30 days.
I have been up to Superior Court and into the Registry of Deeds. My understanding that all I need to so in order to put a lien against the debtors property is to go back to District court and ask for a "certified copy" of my judgement. This I take to Superior to the Registry and they file it.
Question: Does this now make it a "judgement lien" ?
The woman in the Registry said it may show up as Misc. when they go thru the deed but it will show up. I really would of liked to have it show up as a lien, however nobody seems to be able to tell me how to make this happen. I have talked to the courthouse and they are unhelpful. There is not a piece of paper titled "judgement lien" that one can fill out....I did however find a "Lien Certificate" that looked like what I wanted to file.....however no one could tell me where to get this lien certificate paperwork. Called District courthouse....nope not there.....looked online ..nope. Does anyone know what I am speaking of. A Writ of Execution seems to be easy to find and get...it is a piece of paper written as such. My understanding it that once it is filled out properly it allows the sheriff go to the debtors and seize personal property.
Question: Is there an acutal piece of paper that says Lien Certificate and where can one find this piece of paper?
Question: Is my understanding of Writ of Execution correct?
I also want to put a lien on this man's truck. Nobody can tell me what I need to do. It can be done yet no explanation of how.
Question: Is it a matter of obtaining another "certified copy" of my judgement from District court and sending it to the DMV of Maine? If so I must have a form to fill out telling them the debtors name and type of truck/ License plate number correct? Is their a form ...I have been to the website of the DMV and I am coming up with nothing. Does the VIN number have to be included ( I do not see how someone would be able to obtain another persons VIN number from their auto) and if I send the plate number then wouldn't the DMV add the VIN number from their resources...after all he could just change plates and then the "lien" that I am trying to enforce would be lost.....unless the VIN number was there also. correct?
Thank you in advance for any help.
islandgal

Record a certified copy of the judgment in the land deed records in the county where the land you want to screw the title to is located. I'd do that, in fact, in all the surrounding counties.
 

islandgal

Junior Member
Thank you seniorjudge for your reply. I will get the certified copies of my judgement on Monday when I fill out the paperwork in District to go to the next step "disclosure" (which I am very sure he will not come to either). At some point in the process I will have to file a motion for comtempt and have him brought in that way.....sigh.
Does anyone know how to file a lien on an auto??:confused:
islandgal
 

dcatz

Senior Member
That's rather a tricky question because, technically, a judgment lien is created by virtue of entry of judgment. What you're interested in is what assets you impose that lien on and how you give notice.

Imposing the judgment lien on real property is probably the easiest and you've covered that.

Imposing the judgment lien on personal property is normally done by filing the JLPP with the Secretary of State, just as a UCC (Uniform Commercial Code) Financing Statement would be. It wouldn't surprise me if your SofS web site has forms and fees available for download. The problem with a JLPP is that they're not very effective at all, because there's no statutory obligation to check on them and people don't. You've filed a lien, but you haven't acted on it and you have no secured interest in the collateral. Put more simply, he could transfer good title to the car without you knowing of the sale or the buyer knowing of the JLPP. (That's different from someone selling a business, when a creditor has filed a financing statement that shows that it owns all or part of the inventory.)

(Speaking generally and assuming that a given asset is not otherwise exempt) The final kicker is that, when you get that Writ of Execution, it's likely to give you the right to seize assets (like a bank account) and/or seize and sell assets (like a home or a car). You have the right to seize and sell all non-exempt assets right now - you need the "tools", like a Writ, to do it. But, when you get the tools and then don't seize and sell, you're back to the JLPP. For what it's worth, I've never seen one "catch" anything.
 

badapple40

Senior Member
Some states (specifically Ohio), require a specific certificate of judgment. However, the clerks office here knows how to do it and even has the forms.

You may want to spend the $100 or so for an attorney on this one (shouldn't take more than an hours work) and any recent bar-admitted attorney should be able to handle it.
 

dcatz

Senior Member
Just goes to show that you have some homework to do.

In my state, you could do it yourself and it would cost a $15 filing fee.

If you still want to do it, you might want to try to first try to determine how effective an enforcement measure it's seen as in your state.
 

islandgal

Junior Member
dcatz wrote:
It wouldn't surprise me if your SofS web site has forms and fees available for download
Yup they sure do....lots of them. Was able to find a release of lien form no problem, but nothing there to put a lien on. UGH !!
Put more simply, he could transfer good title to the car without you knowing of the sale or the buyer knowing of the JLPP
Absolutely....you are absolutely correct.
badapple40 wrote:
You may want to spend the $100 or so for an attorney on this one (shouldn't take more than an hours work) and any recent bar-admitted attorney should be able to handle it.
I think you are right. I have found 2 in my area that handle small claims. I want to do this right, and the last thing I need is to file something wrong and have this guy come back at me. He will not be cooperating with any of this...so liens are my only recourse. I must make sure I do this right.
I want to thank you all for helping/ advising me. I will keep you posted on how this progresses.
Islandgal
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top