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good morning. We have a business client that he personally…

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good morning. We have a...
good morning. We have a business client that he personally guaranteed and incurred over $60,000.00 in website and marketing development that we have actually gone out of pocket on paying all of our vendors that produced the work from last year. They are over 7 months past due, as well as having VERY spotty communication (including standing me up on last Monday for lunch, and my texting, emailing and mobile calls to see if the client was running late, going to arrive or for that matter was OK). We are aware that this client is selling a multi million dollar 'second' house that has gone into escrow in a mountain resort, consequently receiving a large sum out of the equity. Would our placing a lien on this property be an appropriate action or what else should I do? [email protected]
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
6/21/2010
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,705
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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You would not be able to place the lien on the house, since this was not for work done on the house, unless you had a contract that put the house up as security or without a judgment from the court (unlike a regular mechanic's lien). However, if you file suit now, you could ask the court for a pre-judgment seizure or lien to protect any judgment you would be awarded in the suit.


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Customer reply replied 8 years ago
Thanks for your repsonse. But I guess I didn't fully ask our question. We wondered about the lien, but didn't want to file a suit, so since that is a suggestion, can we just go to our county cout house to file the suit or do we need to now use a lawyer?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
I know exactly what you were referring to, but as I tried to explain above, the only lien that can be placed without filing suit would be a mechanic's lien or construction lien and this does not fall into either of those categories, so it would require a suit and motion for the prejudgment seizure upon showing that there is a likelihood the party would not pay judgment from the sale. As a business you would require an attorney to represent your business in filing the suit.
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