What is a Judgment Lien?

LawsOnline
September 01, 2023

A judgment is a final decree, decision, order, or other ruling by a court determining the rights and obligations of the parties to a lawsuit. A lien is a claim, interest, or right to property or a portion of it for payment of a debt or liability. A judgment lien is a lien arising from a judgment, which gives the holder of the judgment the right to levy upon or seize the property of another to pay off or satisfy the judgment subject to rights of exemption or redemption belonging to the judgment debtor.

In many cases a lien on property must be removed before the sale of the property may commence. Otherwise, at the time of the sale of property, the judgment lien will be paid out before the home owner receives any funds.

Levy or seizure of property pursuant to a judgment lien usually is done through a writ of execution issued to a sheriff or constable directing him/her to seize a property and sell it, usually through public sale.

In most states, a judgment becomes a lien upon real estate located in the county where the judgment was entered when registered in the county where the real estate is located. It becomes a lien on real estate located in other counties or districts when registered in the county where the real estate is located. Typically, the lien lasts ten (10) years from the date of entry of the judgment. The judgment may be renewed by petitioning the court.

 

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