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Any one can make a lien against any one else. I don't think you need proof that they owe you. That would be up to a judge. If you pay the court fees to file documents and you have s/n and or legal land discriptions, you can then place the lien. Same with the banks I believe. They have more power as they have SIN no's ect. Best to phone a lawyer for aadvice. Hope this helps.

So you don't notify the person , just go to court without notifying the person. Don't you have to serve the person first.

From my experience working at the bank...

Your documents that you sign (when securing a loan) serves as confirmation that you have allowed any given establishment the right to put a lien against your house, your car or personal belongings.

It is filed (and payed for) by the establishment initiating the lien. It is a simple enough procedure, and courts are not involved at this point unless there is a dispute over the lien or if the establishment decides to invoke their right to seize their lien.

Liens are removed generally when the loan is payed off as part of the closing paperwork...if not (and it happens), you have your own paperwork showing the loan payed as proof that the lien is no longer valid.

funny you say this....

a friend of mine was in the process of purchasing a home....everything went thru a-ok UNTIL the banking institution typed in his SIN and notified him that he was in ARREARS of a lien placed on him since 1988!!!

This was a company that he was partners in and he had removed his name AND his position with that company..he wanted OUT and even went to the "lawyer" whom stated they DID remove his name (this was done in 1988).......anywho, that said company went into receivership afterwards, and they were owing in the excess of $250,000.00.........AFTER ABOUT ONE YEAR OF HIM LEAVING

apparantly there was MORE than two owners and every one of them got a bite in the arse, including my friend, who ENDED UP having to pay $59,000....he had to ADD an additional amount to his mortgage in order to go ahead with his transaction......... this threw him over the edge! (poor guy)

thus, I have to agree with wikked...and the others here...the bank KNOWS MORE than a 'low profile" financial institution...

it's when you least expect it!

what I CAN tell you is that any lawyer can punch up your name (well, not you particularily) and find out if there ARE any existing leins out there

good luck!

Curvy

Yes you can go to - The Clerk Of The Court- in your Provincial court building, pay the applicable fees and you can place the lean. You do not have to tell the person to whom you are placing the lean against-when and if they try to sell the property they will find out about your lean. If they don't, (find out) then the person buying the vehicle or property are not doing their due diligence. If any one buys a used car, one of the first things we do is go to the Provincial court to check for any leans or incumbrances. If you buy a vehicle or property with a lean against it, you buy that lean aswell. This is called " caveat emptor ", meaning that the buyer alone is responsible. Even if you buy a vehicle from your bestest best friend, go to the court house and do a search for leans. Your best friend might not know about any leans.

Lets say you owe me $5000.00 dollars. You're being a dick head and won't pay me. But I have heard that you have a car that you have just put up for sale for 10,000.00 dollars. Nothing stops me from walking up to your car, and with out even touching it, I can look through the windshield, get the VIN.#, go to the court house and put a lean against your car. This does'nt mean I'm going to get my money right away. But who ever looks at you car to buy it, if they are doing their due diligence, they will go to the court house and do a search for leans. They will then find out that, me, harry shuboobie has a lean on the car and will certinly tell you they do not want the car because harry shuboobie has a lean on it. This does not mean I'm going to get my 5000.00 dollars ether. To try and get the money I would then have to sue you and get a judgement against you. This can be done at the provincial court. you will have to pay to file papers. you will then have to serve the papers, and if you do this your self take a witness with you. You can also hire a process server or the shierif from the court house.

Motor vehicles do not nececarely know about all leans. Check with your provincial court. The same would be true with land or a home. The people in the provincial courts are very helpful and knowlegable about this. Ask lots of questions. Write them down and take them with you to the court house with you. Phone the law line, most law firms will give free consultations.

If your case is complicated, hire a lawyer! Ask lots of questions! write them down so you don't forget to ask something. Don't feel foolish about asking questions. There are no stupid questions..only stupid answers.

Banks are unwilling to give advice they want money.
Lawyers want you to hire them so they can have your money.
You will be surprised how helpful the people at your court house are.

Hope this is helpful, I'm not a lawyer but I do have personal expierence with this. A lot of things you can do your self, if you can do the leg work and are not afraid to serve the papers.

The first place to start is the law line, a lawyer in your province can tell you your rights for that province.

Canadane

Can you change that picture please, it affected my concentration on the subject.
I don't know what to say now.

this was most helpful in liens against a person personally. Just bumping this is case someone has a lien against them.