What Are the Steps to Placing a Lien?
- 1). Determine if the debtor owns real property. You can file a lien only against real property, unless the debtor’s personal property, such as a car, is the subject of the debt. However, if a debtor acquires real property later, you can file a lien against the property for as long as the debtor still owes the civil judgment.
- 2). File a certified copy of the civil judgment in the county clerk’s office where the debtor’s property is located. The county where the debtor owns property may be a different county than the county or state in which you received the civil judgment order. After you file the civil judgment, the clerk will place a lien on the debtor's property.
- 3). Refile the lien as necessary according to the laws of the state. For example, in Illinois a lien remains active on the debtor's real property for seven years. Therefore, if the debtor has not paid the civil judgment within that time, it may become necessary to renew a lien against the debtor’s property.