What is a lien in civil law?

In civil law, a lien is a legal right to keep possession of someone else’s property until a debt or obligation is fulfilled. Specifically in Iowa, liens are typically used to secure payment for services or products that are provided. A lienholder is a person that has the right to enforce the lien to receive payment. An example of this type of lien is a mechanic’s lien. If someone hires a mechanic to repair their vehicle, the mechanic has a legal right to keep possession of the vehicle until the debt for services is paid. In Iowa, a valid lien must be consensual, specific, and not barred by a statute. This means that the lien must be agreed to by both parties, and it must be clearly stated what is required of each party to satisfy the lien. Additionally, some liens may be barred by state law for certain types of property. Lastly, the lien must also be properly filed with the appropriate governing body in order to be valid. Once a lien is in place and all requirements are met, the lienholder has the right to seize the property subject to the lien if the debt isn’t paid. In some cases, the lienholder may be able to sell the property in order to satisfy the debt. In Iowa, a lienholder who has not received payment within 120 days after filing may begin seizure and sale proceedings.

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