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A plaintiff takes a case to court and obtains a judgment. To create a lien on the defendant's property, the plaintiff must record a:

1) Writ of Execution
2) Notice of Pendency
3) Affidavit of Service
4) Subpoena

User Unifreak
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1 Answer

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Final answer:

To create a lien on the defendant's property after obtaining a judgment, the plaintiff must record a 1) Writ of Execution. This writ authorizes the seizure of the defendant's property to satisfy the judgment amount. The lien cannot be created by recording a Notice of Pendency, Affidavit of Service, or Subpoena.

Step-by-step explanation:

When a plaintiff obtains a judgment in a court case, in order to create a lien on the defendant's property, they must record a Writ of Execution. Recording this writ is a legal process that involves the court which entered the judgment ordering the sheriff or another court officer to seize portions of the defendant's property to pay the plaintiff the amount specified in the judgment. This does not include options such as a Notice of Pendency, Affidavit of Service, or Subpoena, which serve different purposes in legal proceedings.

It's important to understand that in civil cases, the plaintiff must prove the case based on a preponderance of the evidence to win, which differs from the criminal case standard of beyond a reasonable doubt.

When the judgment is awarded, the right to collect, or enforce the judgment, often necessitates additional legal steps, of which the Writ of Execution is a critical part. Whether the trial involves a jury or a bench trial can affect the outcome, as jury trials are preserved for civil cases where the value in controversy shall exceed twenty dollars, as per the U.S. Constitution's Seventh Amendment. Correct answer is 1) Writ of Execution.

User Manik
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