WHAT IF THE JUDGMENT DEBTOR OWNS REAL ESTATE?

If the judgment debtor owns real estate, you may be able to collect your judgment when the real estate is sold by putting a “lien” on the property for the amount of the judgment. Ownership of all real property is recorded in the County Clerk’s office. In order to put a lien against real property, you must get a “transcript of judgment” from the Small Claims Court clerk and file it with the County Clerk of the county in which the Small Claims Court is located. There is a fee for obtaining a transcript of judgment.

If the real estate is situated in another county other than the county in which the small claims judgment was entered, a second transcript of judgment will need to be obtained from the County Clerk in whose office the first transcript of judgment was filed. The second transcript of judgment then must be filed with the County Clerk in the county where the real property is located.

If there are other liens filed against the property, they may take priority over yours. A lien against real property is enforceable for ten years and may be extended by special motion to the appropriate County Court. A procedure for forcing sale may be discussed with the sheriff.

For more information locating assets visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com. #Judgement #SmallClaimsCourt

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