Business Debt Recovery: How to File a Lien & Protect Your Investment

When a business owes you money and refuses to repay it, you can take steps to ensure that the money is paid back. One option that you could pursue is filing a lien on the assets of the business. When you file a lien, you will have a legal claim against the property that is owned by the business. The business will have to pay you back before it can sell the property and collect any money for it.

Step 1

File a civil lawsuit against the company that owes you the money. You will need to go to the local civil court in your area and file the lawsuit. A representative from the company will be summoned to appear in court, and you will also need to appear.

Step 2

Present proof of the debt to the court. When you appear in court, you will need to provide documentation to the judge to show that the business actually owes you the money. This could come in the form of a loan agreement or some other similar documentation. Once the judge sees the proof and the business does not have any defense against the debt, a judgment will be issued in your favor. Once the judgment is issued, the creditor typically is given some time to pay it. If the debt is still not paid, you can move on to placing the lien on the property.

Step 3

File for a lien with the county court system. Once you have the judgment and the business still has not repaid the debt, you can use that judgment to place a lien on the property. Once the lien is placed on the property, the business will not be able to sell it without repaying you. This helps protect you from losing the money that you are owed. In some states, you can also move to foreclose on the property if the amount is not paid within a certain amount of time.