Legal Question in Real Estate Law in Michigan

claim of lien

I won a sizeable award against a debtor and the debtor has refused to pay. after research, I located a building a debtor owns. I'm in Michigan, what specific type of lien must I file to cloud the title so that I can get paid or foreclose on the property. Is the form titled; claim of lien, notice of lien or mechanics lien or? are there additional forms to file and what exactly do I mail to the debtor and file with the register of deeds? Can these forms be purchased online or at an office supply store. thank you.


Asked on 2/14/09, 9:03 am

1 Answer from Attorneys

Re: claim of lien

There are a few issues that need to be addressed before you move forward with collecting on your judgment. 1) How long ago was the judgment entered? This may affect whether you can still pursue the lien. 2) Is your judgment certified in Michigan? It sounds as if it is. 3) Have you pursued other judgment collection options? A lien can be effective under certain circumstances but seizing personal property and garnishing bank accounts/wages may be better options.

That being said, I am not aware of any office store that sells forms that you can purchase. Instead, you should refer to the statute and follow the requirements. If this is truly a sizeable award, you are probably best to retain a collection attorney to handle this. If an attorney can collect i.e. $50k, for only a few thousand in fees, I think that is a good result. My office (Grand Rapids and Lansing) can often work on a contingency fee basis and others may be willing to do so also.

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Answered on 2/14/09, 1:17 pm


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