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LADY LAWYER, Family Law Attorney
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how do i place a lien on property in virginia for debt owed.

Resolved Question:

how do i place a lien on property in virginia for debt owed. i am not a contractor.
Submitted: 5 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 5 years ago.

Hi,

 

Was this debt secured by the property you are trying to lien?

Customer: replied 5 years ago.
No. I have a court ordered divorce settlement. My ex-husband said he could not pay me lump-sum. I made an initial payment and signed a payment plan agreement for the balance. It states that it is an unsecured note, however I was told that I could place a lien on property using the court order. Is this true and how do I go about it? What are my other options to secure this debt. I would like to receipt full payment as soon as possible, the current terms take the payments out to over 8 years with no interest. He would not sign the agreement I drafted which charged 12% annual interest.
Expert:  LADY LAWYER replied 5 years ago.

Hi,

 

Thanks. There are many different ways to collect on a judgment in VA. The fastest way to do it, if your ex-husband works, is to get a Writ of Garnishment from the court, which basically just means you petition the court to grant the writ based on the fact that you already have the judgment. When the writ is granted, you simply send the order to your ex-husband's employer and the employer has to withhold a certain amount from your ex-husband's pay. That amount is forwarded on to you. You can also levy his bank account or any other accounts he has. You would do this with a Writ as well. Lastly, you also have the option of seizing his assets and selling them to pay off the debt. Liening a property should be a last resort and you will have to check on the local homestead exemptions if the property is homesteaded. Each jurisdiction is different, but many will not let you lien a property if it is homesteaded. If you have more questions, I will be happy to answer them. Please accept my answer so I can receive credit for helping you. We can always continue our conversation at no additional charge. Thanks!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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