🏠 Judgment Lien Guide by State: Complete 2026 Reference

How to Place a Lien on Property to Secure and Collect Your Court Judgment — All 50 States + DC

⚙️ How Judgment Liens Work

When you win a lawsuit and receive a court judgment, that judgment itself does not automatically attach to the debtor’s property in most states. You must take an additional step — recording or filing the judgment with the appropriate county office — to create a judgment lien. Once properly recorded, the lien attaches to all real property the debtor owns in that county and in some states, to property they acquire later in the same county.

The lien creates a legal encumbrance on the property title. When the debtor attempts to sell the property, the title company will discover the lien during a title search and require it to be paid from the sale proceeds before the sale can close and clear title can transfer to the buyer. When the debtor attempts to refinance, the new lender will require the lien to be satisfied or subordinated before approving the loan. In effect, the judgment lien transforms the debtor’s property equity into collateral for your judgment — even though the property was never pledged as security for the original debt.

This passive enforcement mechanism makes judgment liens uniquely powerful among collection tools. While wage garnishment requires ongoing monitoring and can be disrupted by job changes, and debtor examinations require court appearances and active participation, a judgment lien simply sits on the property title and waits patiently. It costs very little to file and maintain, and it almost always gets paid eventually — because most property owners eventually sell, refinance, or transfer their real estate at some point during the life of the judgment.

📝 How to File a Judgment Lien

The specific process varies by state, but the general framework is consistent across most jurisdictions. Here are the steps to place a judgment lien on the debtor’s real property.

📊 Judgment Lien Laws by State

The following table provides essential judgment lien information for all 50 states and the District of Columbia. State laws determine where to record the lien, how long the lien remains valid, whether it can be renewed, and what types of property it covers. Always verify current requirements with the local county recorder’s office before filing, as filing procedures, required forms, and fees can change over time.

🔄 Automatic vs. Recording States

States handle judgment liens in two fundamentally different ways, and understanding which category your state falls into determines exactly what action you need to take after winning your judgment.

🏠 Real Property vs. Personal Property Liens

In most states, judgment liens attach only to real property — land and buildings permanently attached to the land. However, a few states allow judgment liens to attach to personal property (vehicles, equipment, financial accounts, inventory) as well. Understanding this distinction is important because it directly affects your enforcement strategy and the scope of your security interest in the debtor’s assets.

In California, for example, you can file a judgment lien on personal property by filing a notice with the Secretary of State, which creates a lien on the debtor’s personal property assets statewide — a powerful tool that covers vehicles, equipment, inventory, and other non-real-estate assets. In Texas, an abstract of judgment creates a lien on both real and personal property in the county where it is recorded. In most other states, reaching personal property requires separate enforcement mechanisms like levying on bank accounts, garnishing wages, or executing on vehicles through the sheriff — the judgment lien itself only covers real estate.

For a comprehensive understanding of what property is reachable by creditors and what is protected from collection under state exemption laws, see our detailed guide on property exemptions by state — what creditors can’t touch.

🏡 Homestead Exemptions and Judgment Liens

Homestead exemptions are state laws that protect a portion (or in some cases, all) of a debtor’s equity in their primary residence from creditor claims including judgment liens. Even though your judgment lien attaches to the property title, you may not be able to force a sale of the debtor’s home if the equity falls within the homestead exemption amount established by that state’s law.

Homestead exemptions vary dramatically from state to state. Texas and Florida offer unlimited homestead exemptions — meaning a debtor’s primary residence is completely protected from judgment liens regardless of the property’s value or amount of equity, subject to certain acreage limits. At the other extreme, states like New Jersey and Maryland offer very modest homestead protection of only a few thousand dollars. Most states fall somewhere in between, with exemption amounts ranging from $5,000 to $500,000 or more depending on the state and the debtor’s circumstances.

Even when the homestead exemption protects the debtor’s current equity, the judgment lien still has substantial strategic value for several important reasons. First, if the debtor sells the home and purchases a less expensive replacement property, the excess equity above the exemption amount belongs to you. Second, if property values increase over time and the debtor’s equity grows beyond the exemption amount, the surplus above the exemption becomes collectible through the lien. Third, many debtors will voluntarily pay the judgment to clear their title before selling, even when technically exempt, because buyers and their mortgage lenders strongly prefer clean titles without any lien encumbrances. Fourth, the lien remains attached through any ownership changes that occur and survives the debtor’s move to a different property within the same county where the lien is recorded.

📊 Lien Priority Rules

When multiple creditors have liens on the same property, the order in which they get paid from the sale proceeds is determined by lien priority — generally following the principle of “first in time, first in right.” This means the lien that was recorded first gets paid first from the proceeds of any property sale.

Priority Level	Lien Type	Notes
1️⃣ Highest	Property Tax Liens	Always first priority regardless of recording date — government tax claims supersede all other liens
2️⃣	First Mortgage	The original purchase money mortgage or deed of trust typically has second priority after property tax liens
3️⃣	Mechanic’s / Contractor’s Liens	May relate back to the date work began, potentially jumping ahead of later-recorded judgment liens
4️⃣	Judgment Liens	Priority among judgment liens is determined by recording date — earlier recording means higher priority position
5️⃣	Junior Mortgages (HELOCs)	Second mortgages and home equity lines recorded after judgment liens are subordinate to those liens

This priority structure means that filing your judgment lien as quickly as possible after obtaining the judgment is absolutely critical. Every day you delay is a day another creditor could record their lien ahead of yours, potentially pushing your lien further down the priority chain and reducing the likelihood of full payment from the sale proceeds. In cases where the property has significant equity above the first mortgage balance, a judgment lien recorded early will almost certainly be paid in full when the property eventually sells or is refinanced.

🗺️ Out-of-State Property Liens

If the debtor owns property in a state other than where your judgment was entered, you typically need to “domesticate” the judgment in the property’s state before you can record a lien there. This process is governed by the Uniform Enforcement of Foreign Judgments Act (UEFJA), which has been adopted by the vast majority of states and allows you to register your out-of-state judgment and use it for enforcement purposes in the new state.

The domestication process generally involves filing a certified copy of your judgment with the appropriate court in the state where the property is located, along with an affidavit confirming the judgment is valid, remains unsatisfied, and is not subject to any pending appeals or stay of enforcement. Once the court in the new state accepts and enters the domesticated judgment, you can record it as a lien just as if the judgment had been entered locally in that state. Domestication typically takes two to four weeks and costs $50-$200 in court filing fees depending on the jurisdiction.

For detailed step-by-step instructions on cross-state judgment enforcement including domestication procedures, see our complete guide on how to collect debt from someone in another state.

⚡ Enforcing the Lien — Forcing Payment

While most judgment liens are eventually paid passively when the debtor sells or refinances their property, you also have active enforcement options available if you do not want to wait indefinitely for the debtor to make a voluntary property transaction.

🏠 Foreclosure on the Judgment Lien

In most states, a judgment lien creditor has the legal right to petition the court to foreclose on the lien — essentially forcing a judicial sale of the property to satisfy the outstanding judgment. However, practical considerations often make lien foreclosure a last resort rather than a first choice. The property must have sufficient equity above any prior liens and applicable homestead exemptions to justify the foreclosure costs, which include court filing fees, attorney fees, publication and notice costs, auction fees, and potentially the obligation to satisfy senior liens from the sale proceeds. Lien foreclosure is most practical when the debtor has substantial unexempted equity in the property and stubbornly refuses to pay the judgment despite clearly having the financial resources to do so.

💰 Intercepting Sale Proceeds

The most common enforcement scenario occurs when the debtor independently decides to sell the property for their own reasons. During the closing process, the title company performs a comprehensive title search, discovers your recorded judgment lien, and requires it to be paid in full from the sale proceeds before the sale can close and clear title can transfer to the buyer. This interception happens automatically — you do not need to take any action other than maintaining the lien’s validity by renewing it before its expiration date. The title company or closing attorney will contact you directly to arrange payment of the lien amount and obtain a lien release document.

🔄 Blocking Refinancing

When the debtor attempts to refinance their mortgage — often to lower their interest rate, access equity through a cash-out refinance, or consolidate debts — the new lender will discover your judgment lien during the title search and require it to be paid off or subordinated before approving the refinance loan. Most judgment creditors wisely refuse to subordinate their lien (move it below the new mortgage in priority) without receiving full payment. This effectively forces the debtor to pay the judgment from the refinance proceeds if they want to complete the transaction. This is an especially effective enforcement mechanism during periods of falling interest rates when debtors are strongly motivated to refinance for better terms and lower monthly payments.

🛡️ Challenging Fraudulent Transfers

If the debtor transfers property after the judgment was entered (or while the lawsuit was pending) to avoid paying the judgment, the transfer may be voidable as a fraudulent conveyance under your state’s fraudulent transfer statute. Common examples include transferring the family home to a spouse for $1, deeding property to parents or adult children for nominal consideration, or placing property in an LLC that the debtor controls. If you discover evidence of a fraudulent transfer, you can petition the court to reverse the transfer and restore the property to the debtor’s name — where your judgment lien reattaches. Courts take fraudulent transfers seriously and can impose additional sanctions and attorney fees on debtors who attempt to evade judgments through sham property transfers. A debtor examination is particularly useful for uncovering recent property transfers that the debtor may not have disclosed voluntarily.

📈 Leveraging Appreciation Over Time

Real property typically appreciates in value over time, which means your judgment lien becomes more valuable the longer it sits on the property. If the debtor’s property has minimal equity today due to a high mortgage balance, the equity may grow substantially over the coming years as the mortgage is paid down and property values increase. A judgment lien that appears uncollectible today may become highly collectible in five or ten years as the debtor builds equity through principal payments and market appreciation. This long-term perspective is one of the key advantages of judgment liens over other collection methods that require immediate debtor resources.

🎯 Strategic Considerations

⚠️ Common Mistakes to Avoid

Judgment creditors frequently make errors when filing and maintaining judgment liens that can weaken or even invalidate their lien position. Avoid these common pitfalls to ensure your lien provides maximum protection and enforcement value throughout its entire duration.

❓ Frequently Asked Questions

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