If I place a lien on someone can I use it to finance something else?

Question

Hello everyone,

I went to court a couple of years ago after getting scammed out of $10,000
I won, and I was granted a Judgement from the judge/court. I tried to get the money bac, but the person closed their account and put it elsewhere. In order to located that persons bank, I'd have to hire an asset search detective, which would be $2,000-$3,000. In the Judgement I am also given the option to place a lien on any property the person may have (house, car, boat, etc.). However, it apparently does NOT force them to HAVE TO sell, it's only that I receive my money after they have decided to sell what it is I place the lien on (meaning they may NEVER sell, and I may never actually get a penny back). I was curious if there is any way to place a lien on something of there's and then if my bank would use that to transfer over to something I'd like to purchase (home, land, car, etc.). Is there anyone who knows if this is possible to do? Has anyone ever done so?

I'd appreciate as much advice/help as possible. 
Thank you in advance!!!

Maxi · Answer

You have the court judgement, so apply to a higher court for collection, court bailiffs will go and visit and get the money either cash or agreed payment plan or goods ( car if fully paid off , electonics etc) goods are sold at auction and you get your money.
OR
If the person is working and earning then you can apply to garnish their wages, so money is paid to you each pay day before they get their wages, garnishment applies to their employer who legally is obligated to take the money
OR
 Lien  their house BUT all it means is when the property is sold the liens are paid out first...so the mortage is a lien, then any other liens...you can't force a sale

Slickterp · Answer

No, that is not something you can do.

babyboomer1001 · Answer

No.  A lien is just a lien.  There are no special circumstances attached to it.  However, you can "attach" an asset and seize it to get paid - a car, a house.  Your first step would be to try and locate his bank account first.  Look at the banks near to where he lives.  It will cost you a bit to do garnishments for perhaps 2 or 3 banks, but you can do them one at a time and hope that he has an account with money in it, where the garnishment papers are sent.  You will need a lawyer to do the garnishments.  If that does not prove successful, then I bet the guy knows you are looking for his bank accounts, so hire a lawyer to attach his car.  You can grab it with the judgment.

Slumlord · Answer

As you stated, the person may never sell whatever you place a lien on and it'll be a fair amount of time and effort (and cost) to get the money any other way.  So, its not clear that this judgement has any value at all and no bank is going to lend you money on something that may have no value.  So, no.  You can't use this to get a loan.

R P · Answer

No, that is not possible.

Karen L · Answer

No, you can't do that. A lien is not property, or money, or anything that you can use to finance the purchase of something else. The bank wants, as collateral, things it could sell in order to recoup the money it lent you if you fail to pay back that money. As you say, the stuff you put a lien on might never get sold (unless the person dies when it will have to be sold to pay off the lien) and the bank would never get its money back. Banks don't like that idea.

Anonymous · Answer

You have an uncollectible judgement. That is not currency to buy things with.

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If I place a lien on someone can I use it to finance something else?

7 Answers