When someone wins a lawsuit and the court awards them money, it does not mean the debtor will pay right away. Many people are surprised to learn that collecting a judgment can be harder than winning it. One helpful tool that creditors can use is a judgment lien. A judgment lien gives the winning party the right to claim an interest in the debtor’s property until the debt is paid. Understanding how judgment liens work can make the collection process easier and help you protect your legal rights.
What Is a Judgment Lien?
A judgment lien is a legal claim placed on a debtor’s property after a court rules that they owe money. Instead of only asking them to pay, the lien attaches to something they own—often real estate, a home, land, or sometimes valuable personal property. This lien tells the world that the creditor has a legal interest in the property. The debtor cannot sell or refinance the property without first dealing with the lien. This creates strong pressure for the debtor to pay the judgment because ignoring the lien can create serious complications for them later.
How a Judgment Lien Is Created
The process for creating a judgment lien depends on the state, but it usually starts after the court has entered the money judgment. In many states, the creditor must file the judgment with the county recorder or clerk where the debtor owns property. Once the lien is recorded, it automatically attaches to any property the debtor owns in that county. If the debtor later buys new property in that same county, the lien may attach to that as well. This makes judgment liens a long-lasting and powerful collection tool.
What Property Can a Judgment Lien Attach To?
Most commonly, judgment liens attach to real estate such as houses, rental property, commercial buildings, or land. In some states, liens can also attach to personal property like cars, jewelry, or business equipment. However, laws vary, and not all property is available to creditors. Some homes are protected by homestead exemptions, and some personal belongings are exempt. Still, even with exemptions, liens on real estate are often effective. Many people cannot sell or borrow against their homes without clearing the lien first, giving creditors a strong chance of eventually being paid.
How a Judgment Lien Helps You Get Paid
A judgment lien works by creating a barrier between the debtor and their property. If the debtor wants to sell their house, the buyer will see the lien during a title search. The sale usually cannot go forward until the lien is paid off. The same is true for refinancing a mortgage. Most lenders will not approve a loan unless the lien is removed. This encourages the debtor to pay the judgment, even if they delayed before. In some cases, the creditor may even be able to force the sale of the property, though this depends on state law and whether the home is protected.
How Long a Judgment Lien Lasts
The length of time a judgment lien stays in place varies by state. Some states allow liens to last for 10 years, while others allow even longer periods. Many states let creditors renew liens before they expire, giving them even more time to collect. A lien remains attached to the property even if the property changes hands, unless the buyer pays off the lien as part of the sale. Because liens last so long, they give creditors a strong chance of eventually receiving payment—even if the debtor doesn’t have money right away.
Can a Debtor Avoid a Judgment Lien?
Debtors cannot simply ignore a lien or remove it on their own. They must pay the judgment or reach a settlement with the creditor. In some cases, if the property is fully protected by exemptions or if the debtor files for bankruptcy, the lien might be reduced or removed. However, these situations are rare and depend heavily on legal details. In most cases, the lien stays in place until the debt is resolved. This makes liens one of the most reliable methods for long-term judgment collection.
Why Working With an Attorney Matters
The rules for judgment liens can be confusing. Filing in the wrong county, missing deadlines, or misunderstanding exemption laws can cause delays or even make the lien invalid. Working with an experienced attorney ensures the lien is filed correctly and enforced properly. A law firm like Warner & Scheuerman can guide you through each step, help you avoid mistakes, and make sure your judgment lien gives you the strongest chance of getting paid.
Final Thoughts
A judgment lien is one of the most powerful tools available for collecting a court judgment. It attaches directly to a debtor’s property and prevents them from selling or refinancing until you are paid. While the process can seem complicated, understanding how liens work can help you make informed decisions and protect your financial interests. If you have a judgment and need help collecting it, a knowledgeable attorney can help you use tools like judgment liens effectively and with confidence.