Is it possible to issue a Commercial Lien in the UK and if so where can I get a blank template or form?
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I know that in the USA it is possible to issue a Commercial Lien on property if someone owes you money. Is it possible to attach a charge by a Commercial Lien here in the UK, if so where can I get a form and perhaps free written legal assistance to help me to do this?
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Answer:
Your local Citizens Advice Bureau will give you free advice on your options. Local library will have contact telephone number etc.
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Other answers
A lien in the USA is quite different to a lien in the UK. In the UK a lien is a right that entitles you to hold on to personal property already legally in your possession until a debt owed to you relating to that property is paid. EG a garage can claim a lien over a car until the owner pays a repaid bill, or a solicitor can claim a lien over your files until you pay his bill. The lien holder has no right to sell the property to recover the debt. What you are refering to is a charge. This is a right attached to property - usually land, but not necessarily, entitling the charge holder to recover money owed to them when that property is sold. In most cases a charge holder is also entitled to force a sale to get their money. If you want to use a charge to recover an existing debt you need to do three things. Firstly you need to sue the debtor, and win. The court will then issue judgement for the debt, and maybe interest and costs. Assuming the debtor does not pay up straight away you need to take enforcement action. One of several options is a charging order, which places a charge on the debtor's property. Be aware, that this rates below any existing charges, such as mortgages. So its only worthwhile if the property has enough equity. Other options include bailiffs, 3rd party debt orders, and attachment of earnings (if the debtor is an employee). Finally, you can apply for an order for sale, which is similar to a mortgage repossession. This forces the sale of the property, and entitles all the charge holders (in order) to recover their money from the proceeds, before the remainder is paid to the debtor. This is not an area in which you are going to get free legal assistance. Charities like CAB will advise the public on issues that affect the public. But recovering commercial debts through the courts is an area that will require you to pay for the advice you need.
No an individual cannot do this. It has to go to Court and an order would be given for a Lien to be attached to the business.
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