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Which lien should I use?

ArizonaCash Flow
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Anonymous contractor
Jun 16, 2020

Back on Nov.14, 2019, I got a judgement on a Rosemary Ami due non payment of $3,488.00, for a job she wanted done in a timely manner in order to rent out: 1090 Buckskin Dr., Show Low, Az., 85901. The house was left full of various items left from the deceased members of her family. She had no time to repair the propane pipes, nor a number of other maintenance needs. Her time was taken by doing massage treatments at her business as well as some homes. As I had been visiting my mother at a assisted living home in a town nearby and a man I'd been caregiving, in the hospital, Rosemary gave me the keys to the above listed address and packing materials, to wrap, pack and stack, the items in the home and clean up the property, as my time allowed. She'd been paying me $15 per hr. to help her do this. When she gave me the keys, she'd also told me to keep track of my hours. I had no intention of moving in at this point. Then in Feb. she stated she needed someone in there to make better time of getting the job done. By this time, my mother, and the man I caregive were both living at my home. Due she wanted the job done in a more timely fashion, I'd moved the 3 of us, into the home in March, after I'd finally been able to get the propane work I'd done to pass inspection. There was so much to clean and pack, I was unable to get space for a bed for myself, and had to sleep on a foam pad on the floor. Rosemary had given me a vacuum to use on the carpet in the home, which I also had to fix, before it could be used. As Rosemary became unavailable until mid April, and is when I'd had her sign the time sheets, of which I'd given her a copy of. After a few weeks of taking a bunch of trash from the home to my trash can at my residence, I contacted her for more packing materials. When she arrived at 1090 Buckskin Dr.,Show Low address, I asked her when she might be able to start paying for my time? When as though in total shock, exclaimed, PAY YOU? I haven't any money! At that point to cover herself from the debt, she began to charge $400 per month. Then because I'd gotten a judgement against her, she decided to raise rent to $600 per month. I've got receipts of the utilities I paid, as well as photos of how it was before cleaning was done. When she refused to realize she owed me money, I packed the items from 3 people, and moved back to my own home. Had I known she'd had no intent to be paying me to do the job, I'd never done anything to help with that residence. There'd been no agreement of rent between her or her brother regarding rent. Plus, it's illegal to rent a residence with an out of date septic system that overflowed every time one flushed the toilet. I have those photos also. Which now she claims, someone had put a plastic bottle done the toilet. I find that hard to believe, as the toilet also had to be fixed. There's no way a bottle would go down the toilet. Rosemary had been paying me $40 per month which started Feb. but she stated, what she'd sent was to cover Jan. and Feb. When she saw I was also charging the 7.5% per annum I was awarded by the judgement, she stated she wouldn't pay one more cent unless I didn't charge the interest. This woman lies through her teeth when she knows she's got to pay something other than what she wants. I've caught her lying to officers of animal control. She denies a lot of her statements. The costs I incurred coming back to my residence daily to feed my animals wasn't even included in what she owes me. She's got a mortgage on the home she lives in, a mobile in another town, that she pays lot rent on. Behind in taxes on the place I worked in, and claims there's liens of it also. She charges $60- to $100 per session for her treatments, and receives Soc.Sec. So what are my options for collection?

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Anonymous contractor
Jun 16, 2020
You should record your judgment in any county where she has property. You can foreclose on her primary residence, but you an only attach equity in the property above $150,000. So if she has $145,000 in equity, you get nothing. If she has $155,000 in equity, you get $5,000. Recording the lien means she cannot sell the property unless you get paid. If she lives in the mobile home as her primary residence instead of the real property, then the $150,000 exemption may not apply. It just depends. You can probably obtain a writ of special execution and have the sheriff seize the mobile home to the extent that it has any equity in it. With respect to all of the above, if there are liens that were recorded before yours, then those liens may have to be paid before you receive any money. You can garnish her bank accounts, but the problem you will run into there is that you cannot garnish funds that are traceable to social security. You can garnish funds that are traceable to any income she has from work/jobs.
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