Property Judgment Liens in Rhode Island

A property lien may be utilized to collect a court judgment in Rhode Island. This is how it works.

In a civil court matter, a judgment is issued by the court after a judge or jury renders a verdict – or after a court-approved settlement. A typical judgment includes an order for money to be paid from one person to another. However, the individual who owes the money (the debtor) does not always pay it back. A judgment lien is one method of ensuring that the person who obtained the judgment (the creditor) receives what is due to him or her. A judgment lien grants the creditor the right to receive a set amount of money from the profits of the debtor’s property sale.

What types of property are susceptible to a judgment lien in Rhode Island?

A judgment lien may be connected to the debtor’s real estate in every state, which includes a home, condo, land, or other kind of property interest. In addition, certain jurisdictions permit judgment liens on the debtor’s personal property, including as jewelry, art, antiques, and other valuables.

A judgment lien in Rhode Island may be affixed to either real estate or personal property.

In Rhode Island, how can a creditor get a judgment lien?

To attach the lien, the creditor must file the execution with the town clerk or registrar of deeds in the Rhode Island town where the debtor’s property is situated within 48 hours after the entry of the judgment.

In Rhode Island, how long does a judgment lien last?

In Rhode Island, a judgment lien remains connected to the debtor’s property for 20 years (even if the property changes ownership).

Keep in mind that in Rhode Island, a creditor’s ability to collect under a judgment lien is influenced by a number of factors, including a fixed amount of value that cannot be touched if the property is the debtor’s primary residence (known as a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If matters get problematic, you should consult with an expert Rhode Island bankruptcy and debt attorney to assist you in resolving any lien concerns.

Where can I get information about Rhode Island judgment liens?

If you want to go straight to the source and seek up Rhode Island laws on judgment liens – maybe you’re a party to a judgment or merely looking for possible encumbrances on property – the applicable statute(s) can be found in R.I. Gen. Laws Sections 9-25-2, 9-26-14, 15, 33.