What Is a Judgment Lien?

Updated By Cara O'Neill, Attorney

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A judgment lien is a type of nonconsensual lien (a lien that attaches to your property
without your agreement). It’s created when someone wins a lawsuit against you and
then records the judgment against your property.

(Learn about lien basics in What Is a Lien?)

A judgment lien can be imposed on your property only after somebody sues you and
wins a money judgment against you. In most states, the judgment creditor (the
person or company who won) must then record the judgment by filing it with the
county or state.

In a few states, a judgment entered against you automatically creates a lien on the
real estate you own in that county—that is, the judgment creditor doesn’t have to
record the judgment to get the lien.

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What Is a Judgment Lien?

Most holders of unsecured debt—such as credit card balances, medical bills, and
personal loans—must get a judgment before they can use more aggressive collection
tactics. For instance, a creditor with a money judgment can garnish your wages and
drain (levy) your bank account. These practices are often used before the creditor
resorts to using the lien to recover property.

(Find out about the process in Creditor Lawsuits: What to Expect When the Case Is in
Court.)

Almost all of your property is up for grabs. However, you might be able to protect
some of it using an exemption.

Judgment liens on real estate. A judgment lien affects real estate you own
in the county where the creditor records the lien, or where the court enters the
judgment. Selling real estate can be an expensive process, and a creditor won’t
pursue this avenue unless you have significant equity in the property. The
creditor will only receive the amount remaining after paying off mortgages (and
other earlier-in-time liens) and sales costs.
Judgment liens on personal property. In many states, a judgment lien
also applies to your personal property (property other than real estate).
However, judgment liens on personal property are generally ineffective,
because most personal property can be protected with an exemption (the owner
gets to keep it) or isn’t worth enough to justify the costs of obtaining it. Also,
many personal property liens aren’t recorded (although some get recorded with
the Secretary of State), so it’s relatively easy to sell it to a third party who has no
idea that the lien existed.
Judgment liens on vehicles. A judgment creditor can also file a judgment
with your state motor vehicles department to get a judgment lien on any car,
truck, motorcycle, or another motor vehicle you own.

Typically, judgment liens recorded in your county will attach to property that you
acquire later. For example, a judgment could be recorded in your county land records
office even if you don’t own any real estate. If you buy some real estate a few years
later, you’ll discover that it is now burdened by that pesky old lien that was just
sitting there, waiting for you to make a move. Most real estate liens expire after a
certain number of years (seven to ten in most states), though they can typically be
renewed indefinitely.

(For more information, read How long does a creditor have to collect on a judgment
against me?)

You can get rid of some judgment liens in Chapter 7 bankruptcy. To learn more, see

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What Is a Judgment Lien?

Getting Rid of Judgment Liens in Bankruptcy.)

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