Legal Question in Real Estate Law in California

Out of state lien on home

If I have a judgement from the court and the defendant fails to pay, can I place a lein on their home? If yes, is their many legal hoops to jump through as the defendant lives in Oregon, I am in Calif. Court venue was in Calif where case was heard.

Thanks


Asked on 9/15/06, 7:29 pm

4 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Out of state lien on home

Yes, attain proof of judgment and abstract of judgment and then domesticate it. I can help you here.

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Answered on 9/16/06, 10:38 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Out of state lien on home

The defendant's property is in Oregon? If so, your California judgment is worthless without domesticating it in Oregon. This entails filing a new lawsuit in Oregon to domesticate the judgment under what is known as the Sister State Judgment Act.

If you need a referral to an Oregon attorney, call or email.

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Answered on 9/15/06, 7:40 pm
Joel Selik www.SelikLaw.com

Re: Out of state lien on home

Yes you can, but there are a few hoops to jump through. You will need to domesticate the judgement in their state, which is filing and serving some papers. You might want OR attorney for that.

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Answered on 9/15/06, 7:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Out of state lien on home

To domesticate a judgment in CA, one only needs to file a sister-state judgment. If the judgment debtor doesn't answer within the 30 days specified, then it automatically becomes a CA judgment and normal collection procedures would be used.

I'm sure the OR law is similar. The judgment debtor might raise defenses, however, so it's best you have a collections lawyer do it for you in OR. Good luck.

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Answered on 9/15/06, 8:01 pm


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