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What is the statue of limitation to place aa lien against a…

Customer Question
What is the statue...

What is the statue of limitation to place aa lien against a business in the foothills of Yuma Arizona

Lawyer's Assistant: Have you talked to an AZ lawyer about this?

No we havent

Lawyer's Assistant: What steps have you taken so far?

None at this point and time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are Canadians and had an RV company replace the decals on our 5th wheel. They were suppose to remove the old ones and replace with painted decals as well as paint parts of our unit. This was to be a 7 year warranty for the work completed. The total worked cost us $ 4000.00 US dollars. (6000.00) Canadian. We trusted that they would follow up with hat had been agreed to. There are issues with the work at hand and we have been in touch with the owner since Jan this year when we returned. And we are tore point that we need to do something as we are not having any success with the business at this time. We will place alien against the business to satisfy,the agreement but need to know what the statue of limitations are to do this

Submitted: 2 months ago.Category: Legal
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Answered in 1 minute by:
3/22/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,218
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Have you brought a lawsuit against them in a court in Yuma yet?

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Customer reply replied 2 months ago
no
Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see. Ok, so the first thing that you would have to do is file a lawsuit and then win that lawsuit if you would like to get a lien or any garnishments of their personal property.

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

Based on what you provided, this appears to be a classic breach of contract if they failed to properly perform the warranty work. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, meaning you could get a return of your money. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

When a party wins a civil case, they have the court’s authority to collect on the judgement right away. Sometimes, the losing party will pay up right away. Other times, the losing party won’t pay up right away. The winning party can always demand the money informally, but if they want to enforce the judgment legally, then they must go back to court for a separate proceeding to either a) garnish the losing party’s wages; b) put a levy on their bank accounts; or c) get a lien on their personal property.

The first step for the winning party to collect their judgment is that they must locate the debtor. This is easier sooner after the judgment is entered than later. But just like when the lawsuit was going on, the party that wants the court to rule a certain way must find the other party.

Once the debtor has been located, then typically the creditor (winning party) must complete what is called a Debtor’s Examination. This is a formal court proceeding during which a creditor may question the debtor about their income and property. To request a Debtor’s Examination, the creditor will typically have to go to the courthouse to get the necessary forms to file and to serve on the other party. Once it’s filed, the court will schedule a hearing that the creditor and debtor must show up to. At the hearing, the creditor can use this opportunity to question the debtor under oath about the extent of their property, accounts, and employment.

Thereafter, the creditor must submit additional paperwork, often called a writ of execution or a writ of attachment depending on your jurisdiction. Once filed, the creditor can then either a) collect their judgment from the debtor’s paycheck up to the state limit (usually 15-25% depending on the state); b) get a levy on their bank accounts; or c) get a lien on property. At each stage, the debtor has a chance claim exemptions under state law and the court will call a hearing to help review the amount of the judgment, the method of satisfaction, and any exemptions and enter a final order.

What other questions did you have for me today that I can help you out with:-)?

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