Home>Levelset Community>Legal Help>How can I put a lien against Holt Erwin's personal property also?

How can I put a lien against Holt Erwin's personal property also?

Holt Erwin gave me her personal promise and guarantee of the work that she asked me to do for her business. I talked to a attorney and he said that because she did that, that I could put a lien against her personal properties as well. I hired your company to process the lien on the commercial building that I did the work on , now I need to know to put one on her personally? Thank you

1 reply

Dec 29, 2017

Filing a lien against personal property is not as simple as filing a mechanics lien and cannot be done as quickly. Generally, in order to have a lien against personal property, a judgment must first be obtained in court. This means that, unlike with the mechanics lien process, a claimant will have to enter into litigation and then win that litigation before a judgment lien is an available remedy. Further, in South Carolina, judgment liens may only attach to real property (real estate) - liens against personal property are not allowed. On the plus side, if filed correctly, a judgment would automatically result in a judgment lien. A judgment lien will only be necessary if other methods of collection are not fruitful, though. Finally, unlike with mechanics liens, a judgment lien can attach to real property regardless of whether work was performed on site.

0 people found this helpful

Helpful