Is it possible for a private party to place a lien on someone's property due to a large debt owed?

Full question:

Is it possible for a private party to place a lien on someone's property due to a large debt owed? The debt is in the amount of $33,000.00. If so please explain how I would go about doing this.

• Category: Judgment Liens
• Date: 04/07/2025
• State: California

Answer:

The right of lien generally arises by operation of law, but in some cases it is created by express contract. There are two kinds of lien: particular and general. When a person claims a right to retain property, due to money or labor invested in that property, it is a particular lien.

Liens may arise in three ways:

1. By express contract;
2. From implied contract, as from general or particular usage of trade;
3. By legal relation between the parties, such as created with common carriers and inn keepers. When goods are delivered to a tradesman or any other, to apply his labor to, he is entitled to detain those goods until he is paid for such labor.

To create a valid lien, it is essential:

1. That the party claiming a lien should have the absolute property or ownership of the thing or, at least, a right to vest it;
2. That the party claiming the lien should have an actual or constructive, possession, with the assent of the party against whom the claim is made;
3. That the lien should arise upon an agreement, express or implied and not be for a limited or specific purpose that contradicts the express terms or the clear, intent of the contract.