Judgments and Liens
A search for judgments and liens can be conducted through proprietary databases to reveal if an individual has been named as a creditor or debtor in a judgment or a lien. Search results typically yield the court filing date, filing type, case number, amount and status.
When a judge or jury awards a sum of money against a defendant, as damages in a civil court case, this is considered a judgment or final decision in the case. This judgment is then typically filed or recorded by the winner of the case, with the appropriate county records clerk. The reason that these records are valuable is that they can identify whether or not an individual has been sued by, or has sued others in the past.
A lien is a form of security granted to ensure payment of a debt or some other obligation. The most common instances where a lien is granted is property ownership and taxes.
As with other civil records, it is important to use caution when using information of this type in making employment decisions. A few things you must do if you will use the information in making an adverse hiring decision:
- Ensure that the judgment is valid
- Ensure that you have sufficient data to tie the judgment to the subject of the investigation
- Be able to demonstrate that judgment is relative to the job
The great majority of civil lawsuits are settled out of court, so there may not be a judgment found. Another problem is that judgment databases can have errors and missing information. In cases where a client wants to know more, MSA Investigations will attempt to retrieve the court records at the actual courthouse.
