Full question:
If someone owes me money for helping them out and they have no real property except horses and a horse trailer that is under lease, how would I use a lien against that person or could I?
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: Washington
Answer:
A lien is a legal claim on property to secure payment of a debt. It typically arises from a legal relationship or a contract between parties. There are two main types of liens: particular and general. A particular lien allows a person to retain possession of property until the debt is paid, while a general lien applies to all property owned by the debtor.
To establish a valid lien, you generally need to own or have a right to the property, possess it with the owner's consent, and have a basis for the lien in an agreement, either express or implied. If the debtor does not pay, you may have the right to foreclose on the lien and sell the property to recover your debt.
In your case, if the debtor only has horses and a leased horse trailer, placing a lien may be challenging. You may need to pursue a judgment lien, which requires a court judgment against the debtor for the amount owed. Once you obtain this judgment, you can file a lien on the debtor's property, including the horses, if applicable under state law.
In Washington, for example, RCW 60.10.020 allows for lien foreclosure through district or superior court, depending on the claim's value. You may also need to follow specific procedures for notifying the debtor and conducting a sale of the property if the lien is foreclosed.
Consulting with a legal professional familiar with local laws is advisable to understand your options and the process involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.