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Experience:  29 Years In General Practice,
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I live in Arizona. Very recently I discovered I had a lien

Customer Question

I live in Arizona. Very recently I discovered I had a lien placed on my property for $6402 while refinancing a loan on my home. The lien is for work completed on an insurance claim for water damages which occurred in March of 2012. The Restoration company was paid about $9200 by California Casualty which they indicated was the final and full payment based upon their claim that the payment was based upon the industry standards. Apparently the Restoration company disagreed and put the lien on my property for the difference in their charges vs. what they were paid.
In conversation with my Insurance agent, she has suggested that I contest this action in Small Claims Court as she stated similarly situated persons have won judgments in their favor in Small Claims Court. The date of the lien paperwork was April 11, 2012. My wife and I were not notified of the lien previously nor was any subsequent action sought by the Restoration Company with my Insurance Company. Two questions: Was there any legal requirement to notify my wife and I, as property owners, that the lien was implemented in 2012, and secondly as a non attorney with good access to coaching from attorney friends is it foolish if I did not retain an attorney for Small Claims Court?
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.

Welcome and Thank you for using JA! I am a licensed Arizona attorney and it will be my pleasure to assist you.

Was this a judgment lien or handled as a mechanic's lien? http://www.adllawaz.com/liens/remove-lien-property-arizona/

http://www.nolo.com/legal-encyclopedia/judgment-liens-arizona-46822.html

It depends on how the lien perfected as to how we would go about removing it or requesting a release. Do you have a copy of the lien that you can attach?

Expert:  Attorney2 replied 1 year ago.

Please ignore the request for additional services.

Customer: replied 1 year ago.
Sorry, I am not interested in adding an additional financial commitment when I haven't received any formal response to the question.
Expert:  Attorney2 replied 1 year ago.

The request was auto-generated and I asked you to please ignore it. The attorneys respond to questions, however, we do not have any part in running the site. Further, I don't blame you for not wanting to pay any additional costs.

Sorry for the confusion caused by the site.

Perhaps you did not see my responses. I will copy and past them.

Was this a judgement lien?

I provided a link setting out the type of liens and how you can collect on them above. Perhaps you are not seeing my responses. Let me copy and paste the for you.

To remove a judgment lien in Arizona you would either seek a release of judgment from the party that placed a lien on your property or go to court to have lien removed.

http://www.adllawaz.com/liens/remove-lien-property-arizona/

http://www.nolo.com/legal-encyclopedia/judgment-liens-arizona-46822.html

It depends on how the lien perfected as to how we would go about removing it or requesting a release. Do you have a copy of the lien that you can attach?

I also wrote after the additional services request posted

Me

Please ignore the request for additional services.

1 Dec 2015, 7:00 PM

Expert:  Attorney2 replied 1 year ago.

This is a link for information how liens are attached to real property http://www.nolo.com/legal-encyclopedia/judgment-liens-arizona-46822.html

This is the Arizona Revised Statute that deals with judgment liens

"33-964. Lien of judgment; duration; exemption of homestead; acknowledgment of satisfaction by judgment creditor

A. Except as provided in sections 33-729 and 33-730, from and after the time of recording as provided in section 33-961, a judgment shall become a lien for a period of five years from the date it is given, on all real property of the judgment debtor except real property exempt from execution, including homestead property, in the county in which the judgment is recorded, whether the property is then owned by the judgment debtor or is later acquired. A judgment lien for support, as defined in section 25-500, remains in effect until satisfied or lifted.

B. Except as provided in section 33-1103, a recorded judgment shall not become a lien on any homestead property. Any person entitled to a homestead on real property as provided by law holds the homestead property free and clear of the judgment lien.

C. A judgment of the justice court, municipal court, superior court or United States court that has become a lien under this article, immediately on the payment or satisfaction of the judgment, shall be discharged of record by the judgment creditor or the judgment creditor's attorney by recording a satisfaction of judgment with the county recorder of the county in which the judgment is recorded. The judgment creditor or the judgment creditor's attorney shall enter a notation of satisfaction on the docket of the clerk of the superior court of each county in which the judgment has been entered or docketed, and in a like manner enter a notation of satisfaction on the docket of the clerk of the United States district court.

D. In a title IV-D case, if the title IV-D agency or its agent is listed as the holder of the lien and the judgment has been satisfied but the obligee is unwilling to sign the release of the lien or, after reasonable efforts, cannot be located to sign the release of the lien, the title IV-D agency or its agent may sign the satisfaction of judgment and release of lien without the signature of the obligee. The title IV-D agency or its agent shall send a copy by first class mail to the last known address of the obligee. http://www.azleg.gov/ars/33/00964.htm

This is how you would remove a wrongful lien

"Removing a Wrongful Lien from Your Property: A.R.S. § 33-420

If you have one of the above liens that was recorded against you property, and the lien is wrongful, fraudulent, or inaccurate, you may have grounds to remove it under Arizona law. A.R.S. § 33-420 states that anyone who records a wrongful lien against your property is liable to pay you $5,000 or treble (triple) the actual damages. You can also recover attorney’s fees and costs if successful.

In order to use this statute to remove a wrongful lien, you must first determine if the lien is “wrongful.” Our firm offers a free consultation to evaluate your lien. If the lien is wrongful, we can seek its removal pursuant to A.R.S. § 33-420. This may require a simple demand letter, or more extended litigation to accomplish."

These are all the ways to have a lien removed in Arizona

http://www.adllawaz.com/debt-lawsuits/4-ways-remove-judgment-arizona/

1. Motion to set aside

2. Settle the debt

3. File Bankruptcy

4. Pay the amount owned and request a release to record with the county.

Where in Arizona are you located so I can provide links for local attorneys that provide free consultations in the area where your home is located?

You will want an attorney to handle this for you in Superior Court. I am not sure why anyone other than an attorney would be providing you with legal advice.

Please do not hesitate to ask me any additional questions that your may have with regard to this matter. It would be my pleasure to continue to assist you.

Thank you for using JA!

If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it.

Expert:  Attorney2 replied 1 year ago.

I wanted to follow up with you to make sure you received the answer to your question. Please let me know if you have any additional questions for me. Are you unhappy with the service you received on the site?