Where Do I File a Lien Claim on mining equipment?
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The answer will depend the facts involved, such as the location where the contract was to be performed, whether the claim is for breach of contract or is filed as a mechanic's lien, and the contract terms involved. For example, some contracts contain a choice of law provision specifying where contracts disputes are to be resolved. Absent such a clause, venue is typically proper where the defendant resides, conducts business, where a contract is formed, where an accident occurs, or where the contract provides for the case to be brought. Typically, a defendant needs to have minimum contacts with the forum to pass due process requirements for being served with a complaint. Due process requires it to be reasonably foreseeable that a person would be called to defend in that court.
A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. Such cases include failure to pay a debt, including credit cards, bank loans, or deficiency judgments on repossessed vehicles. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
A judgment lien is created when a plaintiff gets a judgment for money damages against a defendant and records that judgment in the county where land of the defendant is located. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt.
Venue is the local area in which a court, that has jurisdiction, may try a case. Jurisdiction is the geographical area within which a court has the right and power to operate. A court system may have jurisdiction to take a case in a wide geographical area, but the proper venue for the case may be one place within that area for the convenience of the parties. Jurisdiction is subject to fixed rules; however, venue is often left to the discretion of the judge.
Venue is the legally proper or most convenient place where a particular case should be filed or handled. Every state has rules determining the proper venue for different types of lawsuits. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. The state, county or district in which a lawsuit is filed or a hearing or trial in that action is conducted is called the forum. For various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the discretion of a judge in the court where the case or prosecution was originally filed. Reasons for such a request may include a clause in a contract stating that any action must be brought in a certain other venue, or pretrial publicity may be claimed to have tainted the potential jurors in that venue from rendering an impartial judgment.
It may be possible to have a complaint filed in Arizona and have the judgment enforced as a foreign judgment in another state as a basis for a lien in that state by filing an authenticated copy of the judgment in the foreign state.
If you are attempting to file a mechanics lien for work done to improve, construct, or repair the mining equipment, the mechanics' lien needs to be recorded in the county in which the property is located. The requirements for filing a mechanics lien vary by state. Please see the links to the information for lien by state below.