Legal Question in Appeals and Writs in California
lien on property
A person did some work on my property. There was a dispute of payment. He took me to court. He sued me and won a judgement. I appealed the judgement and I won the case. Later he went to court and got an abstract on his old judgement against me. The Clerk of the court did not search the files that, I was the one that ultimately won the case. He took the abstract of judgement to the County Recorders Office and placed a lien on my property. I don't understand how and why the Clerk of the Court made that crucial mistake or was lazy to check the records. What is the course of action should I take to correct this action. What Further action should I take against the other party.
4 Answers from Attorneys
Re: lien on property
Go back to the Clerk of Court, with your explanation.
Or, retain an attorney, who should be able to clear the situation with a letter or two.
The person who did the work could possibly be held accountable. There is a seldom used action called abuse of the legal process, and these facts would come under that area of the law.
Again, an attorney's letter to the other party, may give you some rapid help.
Re: lien on property
Certified letter - demand letter to remove abstract should be immeidtaely sent. If not successful an action can be filed to remove abstract. You may also have a claim for slander of title/abuse of process. Please call me if you have any questions.
Re: lien on property
Find out the name of the Supervising Clerk of the court, and call him/her. Either call to ask for an appointment and take the materials with you, or write the person a letter with a copy of the judgment in your favor, and a copy of the superseded judgment against you.
You also have a claim for slander of title, abuse of process and perhaps other torts, which may include payment of legal fees you incur to rectify this matter. Talk to a lawyer about this.
Re: lien on property
I think there are some misunderstandings presented by my colleagues. First of all, when a document is recorded in the County Recorder's Office, it is not removed. It remains a matter of public record forever. Documents received by the county recorder are microfiched. Thus, you can go to the recorder's office and find documents that affected your property all the way back to what are known as Mexican Land Grants.
In order to clear a cloud on title, a subsequent document is recorded, that clears title to your property. To clear an abstract of judgment, you need to record either a satisfaction of judgment, or a judgment that voids the earlier recording.
The legislature has provided a method to file a post judgment motion, after serving a demand for satisfaction of judgment. It provides for an award of attorney's fees and a fine if the party fails to comply.
If you would like more information, feel free to contact me.
Very truly yours,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
