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Re: Personal loan
Posted by Inland Empire Lawyer on 9/26/07

    On 9/26/07, Mike wrote:
    > I made a loan to a in-law relative and he is defaulting on
    > the loan. Can I sue in small claims and place a lien on
    > his house? What is my remedy?

    You didn't say which state you were in, but in my state, CA,
    if you sue in small claims court, and get a judgment, you
    can place a lien on his house. I assume, without knowing,
    that most States allow a small claims judgment holder to
    garnish a debtors' wages, lien his house, and levy on his
    bank accounts if you know where they are. Putting a lien on
    real estate in CA is easy, foreclosing is harder, but if you
    can wait, the person can't sell or refinance without paying
    you off if you do the lien properly.

     
     

 
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