Commercial Lien_Class

Let's begin first by listing some key terms. While you can click on the terms for a definition, we advise
you to consult with a trusted law dictionary for verification:

Affiant

Affidavit

Creditor

Debtor

Grantee

Grantor

Levy

Lien
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Class Action Lien

Respondent

True Bill In Commerce

Some of the instruments and applications used in the commercial lien process:

15 USC Tracer Flag

Commercial Affidavit

Commercial Lien

Notice of Intent

Notice of Default

Notary Affidavit of Presentment

Let's Get Started!

Step 1. Notice and Demand

This document will be used to initiate the commercial lien process. This is your Notice to the

offender of your grievance, and the offender's opportunity to correct the situation. This notice
will be in the form of a notarized or witnessed affidavit sent to the offender. The offender has 3090 to reply/ rebutt your allegations. Some tips to remember:
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It should be in the form of an Affidavit, and it should address the individual(s) personally.

The Notice should be a consise as possible, preferably avoiding religion or morality. It

should focus on applicable law and contain citations of law to support what is being
claimed--if possible.

It must quote the legal amount of time given for the recipient to fulfill the demand, and
what will happen if the demand is not satisfied within that time.

Finally, it should be sent certified mail w an Affidavit of Notary Presentment.

Step 2. Notice of Default

When you receive no reply or rebuttal to your Notice and Demand, you will send the offender(s)
a Notice of Default. This statement will 1) inform the offender(s) of the aquiescece to the
demands made in your Notice and Demand and 2) demand payment or satisfaction.

This notice will be in the form of a notarized or witnessed affidavit sent to the offender.

Finally, it should be sent certified mail w an Affidavit of Notary Presentment.

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Filing this Notice of Default with the County Recorder or Clerk of Courts where the
offender has property creates a public, legal record in support of the succeeding lien.

Step 3. Commercial Lien

Only after issuing plenty of notice and allowing ample passage of time can a Commercial Lien
be issued. This will be a notarized statement .

A copy is to be sent to the offender via certified mail w an Affidavit of Notary Presentment while
the original document is filed in the county in which the offender holds property.

The lien must be accompanied by (or contain) a Commercial Affidavit, containing a ledger of
damages suffered.

The lien must also cite the law(s), action(s)or obliggtion(s) that ave rise to the damages.

****NOTE---Commercial Liens can be filed in conjunction with and simultaneous to a lawsuit against the
offending party.******

CAVEAT
Mistakes and Pitfalls to Avoid
Defective Legal Form and Procedure
When filing any lien, it is important to follow the legal forms and procedures of your state or
locality. Study the statutes for the locality in which you are filing, and follow those forms and
procedures religiously. Failure to do so can have serious consequences.
First, you may be civilly liable for "slander of title." In some jurisdictions (notably Louisiana) this
is called "jactitation," and a suit to remove the "cloud of title" and recover damages is known as
an "action of jactitation."
Even worse, in many jurisdictions, someone who files liens in bad faith, or who uses defective
forms or procedures, can be convicted of "felony slander of title."