Question:

If i lend money to someone and they aren't paying it back can a lien or judgement be put on their house

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If i lend money to someone and they aren't paying it back can a lien or judgement be put on their house

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  1. Nope...........do you have a contract.........if not it was a gift........sorry


  2. Do you have contract in writing? Are there witnesses? Is it for a large amount of money? If you don't have it in writing, chances aren't very good, but you can always take them to court (or small-claims court) and try.  

  3. Is the loan agreement in writing and witnessed or notarized?  Is it a substantial amount of money, or does it fall within your state's limits for Small Claims Court?  If you have these, you can go to court, get a court order, and collect.  If they still do not pay, then you go back to court and get an order to seize their assets, bank accounts, etc., or place a lien on their property.

    You can usually collect with an order from Small Claims Court (small amounts) or a judgment without resorting to a lien if you were smart and have records of their bank account(s), such as a cancelled check, returned NSF check, or copy of a check.

  4. Probably not since most states have homestead laws.

  5. No, not unless you had a written contract using the house as collateral - in other words, a secured loan.

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