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

South CarolinaLawsuitPayment DisputesRecovery Options

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.
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