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

    Mar 24, 2009, 08:58 AM
    Filing a Lien
    How do I file a lien against the condo owner above me who has caused damage to my ceiling?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 24, 2009, 09:03 AM

    Are you talking about getting a Judgment against that person and then liening against his/her assets?

    You would go to Court and get a Judgment - usually Small Claims but that depends on the dollar amount - by proving your case. When the Judgment is awarded to you you demand payment and if the Judgment is not satisfied, then (varies by State) you begin to file your liens.

    Are you suing for what your homeowners insurance didn't cover or for the entire amount?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 24, 2009, 09:21 AM

    Have you already, made a claim against his insurance company ?

    Have you already billed him for the damages

    Have you already sued him after doing the above and he failed to pay.

    Normally if you sue and win, his insurance will just pay you,

    But if not, after you get a judgement, you can do what your state allows, in garnishment, attachments of bank accounts and sometimes liens on properties. ( often there are some exemptions for homesteads from liens in many states)

    But your first course of action is with his insurance company, then filing a law suit against him.

    And of course as noted, you can have your insurance pay, and allow them to go after him for payment

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