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    Catira's Avatar
    Catira Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 4, 2008, 09:30 PM
    Judgment lien against my home?
    I have a received a complaint for breach of contract filed by a "friend" who is alledging we were partners in an endeavor she undertook. She is suing me for only $5500 but chose to file in Circuit Court rather than Small Claims. If I deny the claim it will go to arbitration as that is mandatory in Oregon. On principle I would really like to deny her claim; it is just plain WRONG! But I do not have money to put into an attorney. I think I have evidence enough to support a number of affirmative defenses but I am scared to risk too much. Since I am 62 and did not work very many quarters during my entire marriage but was a full time Mom and volunteer, I have no wages or assets to attaché. My big concern is if she were to win a judgment against me, in Oregon, can she a) put a lien against my home even though her suit had nothing to do with my home and b) if she did obtain a lien could she force the sale of my home?? :( If she can do either of those things, then the risk it too high and I need to make a payment arrangement with her. But if my home is protected from her, I would be thrilled to be able to defend myself against her claims.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 5, 2008, 02:55 PM

    Not sure what the laws are in Oregon, but in Wisconsin small claims court is held in the circuit court; it's not 2 separate courts.

    If you can prove that you don't have any liability for the money, then show up in court and argue your case with your evidence. The judge will make a decision.

    The only way your friend can place a lien on your home is if she wins. Even so, she cannot "force" you to sell your home; you'll just have to pay off the lien prior to the title being transferred to a new owner.

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