How to file a property lien in washington

Draft the relevant documents. If you're eligible to file a judgment lien, find out what documents you need to file, where you need to file them, and what fees will be charged. Some states have a form you can fill out. For example, if you want to file a lien in California on personal property such as a car or a boat, you would fill out a "Notice of Judgment Lien, Form JL-1" and file it with the California secretary of state.

You can get a certified copy for a fee from the clerk's office in the court where you were awarded the judgment. File your documents. Where you file your documents depends on where the property is located and whether you're attaching your lien to real or personal property.

Each state has different filing rules, and the same state may have separate offices and procedures for real and personal property. Wait for the debtor to satisfy the judgment. A judgement lien does not guarantee payment of the debt. Rather, you have to wait until the debtor sells the property. If the buyer wants a clear title, she will insist the debtor satisfy the judgment before she completes her purchase.

While there's no law that requires liens to be cleared before property is sold, in most cases potential buyers want a clear title, not a property that's encumbered with someone else's debts. Pursue other options to recover the debt. If the debtor still doesn't pay, there are other legal options at your disposal to collect the debt, such as wage garnishments or bank levies. Speak to a collections attorney to get a better idea of the options available in your state.

Include your email address to get a message when this question is answered. In some states, subcontractors may not file liens without the approval of the primary contractor. Other states also only allow contractors who are properly licensed in the state to file liens in that state. Helpful 0 Not Helpful 1. In a few states, if you win a lawsuit, a judgment lien automatically is created and attaches to any property the debtor owns in the state.

Helpful 1 Not Helpful 0. Because you can't force a sale of property if you have a judgment lien, it may take a very long time to get your money. Additionally, if the owner files for bankruptcy, your lien might be wiped out completely. Helpful 1 Not Helpful 1. Most states provide homeowners with a homestead exemption on the equity in their primary residence if the property is sold to pay off foreclosed mortgages or other liens.

This could limit your ability to get your money if you file your lien on the property owner's primary residence. You Might Also Like How to. How to. More References About This Article. Written by:. Jennifer Mueller, JD. Co-authors: Updated: May 18, Categories: Property Law. Article Summary X To file a mechanics lien, notify the debtor several weeks beforehand that you plan to file a lien if you aren't paid.

In other languages Italiano: Trascrivere una Garanzia Reale. Thanks to all authors for creating a page that has been read , times. Also helped me understand there are other ways to collect the debt I am owed. I now have to look up the lien rules in the state I live in, along with the paperwork necessary to obtain a lien or choose to use arbitration to settle my dispute with the person.

Rated this article:. More reader stories Hide reader stories. Did this article help you? Cookies make wikiHow better. By continuing to use our site, you agree to our cookie policy. Kelly Tosh Apr 20, Ramona Garcia Oct 28, I was looking to get answers fast and that helped. Also, mentioning that certain states require different forms etc.

Michelle Bottenberg Apr 26, It gave detailed instructions on how to file a judgement lien on a property. The Model Disclosure What? Read more. When payment has been promised after a mechnics lien, timing the construction lien release process can be a challenge. Lien waivers and lien releases are completely different documents even though they are often confused by the construction industry.

While the purpose of mechanics liens is to get construction industry participants paid what they deserve, a mechanics lien can WHY send a Notice to Owner?

To protect your mechanics lien rights! Washington has nuanced rules and requirements regarding the sending A Michigan Affidavit for Release of Expired Lien Form is used by property owners to discharge a construction lien that The world of mechanics liens is full of deadlines that both contractors and project owners need to keep in mind To do so would defeat the purpose of a pre-claim notice which is to make the general contractor and property owner aware of the parties working on the construction project.

This helps to determine eligibility to initiate a payment bond in the case of future payment disputes. A quick, shameless plug before we tell you all of our secrets: Northwest Lien Service can file your Notice of Intent for you with ensured accuracy, and often within just 48 hours. Especially for larger contractors who have made it a habit to send precautionary preliminary notices for every project recommended , our membership options can save you a load of time and headaches while maintaining your lien rights.

That said, if you want to tackle it yourself … there are two necessary steps to send notice in Washington state:. Be sure to look over this portion of the Notice of Intent to Lien letter to check for common mistakes such as misspellings, relying on job information provided by the customer, or not listing the full name of a business.

When you feel satisfied the above information is correct, the next step is to mail the Notice of Intent letter to the property owner and prime contractor.

For a more personal touch, you can also choose to deliver the notice in person. If you opt for hand delivery, you will need to obtain a proof of delivery signature from each recipient.

Northwest Lien Service always recommends keeping copies of forms sent and proof of delivery receipts in case anyone questions your compliance with state law later. The simplest way to complete this legal requirement is by filling in the blank lines on an Intent to Lien letter template or, again, by having our team do it for you. Though the notice deadline on commercial projects is 60 days from first furnishing, we advise contractors on any job — commercial or residential — to complete this task within 10 days.