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    bharvey04's Avatar
    bharvey04 Posts: 1, Reputation: 1
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    #1

    Jul 22, 2008, 05:21 PM
    Filing a lien in Indiana
    If you have won a judgment and you would like to file a lien on a property. This is not a mechanics lien. What form would you use or can you file the judgment and would that become a lien on the property or the person?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jul 22, 2008, 10:09 PM
    Read over this; the clerk of court in your county may be able to help you with answers to questions. Can a creditor take my property? What is a lien? What is a judgment <b style="color:black;background-color:#a0ffff">lien</b>? Can the creditor take my
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 23, 2008, 06:20 AM
    Quote Originally Posted by bharvey04
    If you have won a judgment and you would like to file a lien on a property. This is not a mechanics lien. What form would you use or can you file the judgment and would that become a lien on the property or the person?

    In Indiana a filed Judgment automatically liens against real property. There is no additional paperwork.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Jul 23, 2008, 07:31 AM
    Quote Originally Posted by JudyKayTee
    In Indiana a filed Judgment automatically liens against real property. There is no additional paperwork.
    In some places the judgement is not a lien until it is recorded in a 'docket', or book, called the 'General Execution Docket'. This is the way third persons are given notice of a judgement lien so that the lien will appear in a title search. Be certain to ask the clerk of court about the process of placing a judgement lien in the deed records so that it shows up in a title search.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 23, 2008, 07:43 AM
    I think Judy may be thinking the judgement was related to the property. If the amount you are suing over was not related to the property, you probably will need to file a lien. Againa, you local county clerk should be able to tell you the process.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 23, 2008, 07:50 AM
    Quote Originally Posted by ScottGem
    I think Judy may be thinking the judgement was related to the property. If the amount you are suing over was not related to the property, you probably will need to file a lien. Againa, you local county clerk should be able to tell you the process.

    Actually Indiana Statute says that a Judgment automatically liens against real property. There is no additional paperwork.

    "If you have been sued and the Court says that you owe money that is a judgment lien. If you own real estate the judgement is automatically a lien on your real estate property."
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    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 23, 2008, 10:06 AM
    Hmmm, interesting. I would still check with the county clerk to make sure its been recorded.
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