A judgment is a court decision that someone owes you money. A lien transforms that decision into a claim on your debtor's property, such as real estate. In Missouri, many of the laws on judgments are in Chapter 511 of the state's revised statutes. You can foreclose using a judgment lien, although this isn't the only way to collect on a debt.
Judgment Liens
In Missouri, obtaining a judgment against your debtor in county circuit court automatically creates a lien on any property he owns in that county. If you received your judgment in a lower court, you must transfer it to the circuit court to get a lien. If the debtor owns land in other counties, you can file a certified copy of the judgment with those circuit courts to apply the lien. You can execute the lien -- hold a foreclosure sale -- as soon as you get your judgment.
Disclosure
It won't do you any good to create an automatic lien if you can't tell the judge what property the lien applies to. Some states require debtors to disclose their assets in judgment proceedings; Missouri law allows a debtor to invoke the Fifth Amendment -- the right against self-incrimination -- during the hearing. Before you foreclose, you'll have to find the real estate. The simplest way to do this yourself is to search county property tax records for the debtor's name, starting with the debtor's county of residence.
Execution
Once the court creates the judgment lien, you can apply to the county government to execute it by foreclosing on the land. The exact procedure may vary between counties. In general, you must request the sheriff for the county containing the property "levy" your judgment. Then, you notify the debtor and anyone else with a claim on the land, such as a mortgage lender. Schedule the sale, then advertise it in the local paper at least 20 days in advance. If the sale price is fair, you can transfer ownership to the high bidder.
Alternatives
One drawback to foreclosing is that if there are previous liens or claims, they'll have to be paid off from the sale before you see any money. Garnishment -- having your debtor's employer pay you a share of his wages -- may be a better alternative. Another, if you're not desperate to be paid immediately, is simply to wait. Judgment liens last 10 years; if your debtor attempts to sell in that time, he'll probably have to settle his debts with your first. Mortgage companies don't write loans for property that has a prior claim against it.
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