Legal Question in Business Law in California

Re: Lifting lien

All three answers are correct, and if you put them together that covers the subject pretty well. Evaluating which way to go would really require knowing about the plaintiff's underlying case. Having the defaulr judgment set aside, which may or may not happen, isn't the end of the story. The case doesn't go away; you will now have to defend unless perhaps the statute of limitations has run. That will take time and money and could result in a larger judgment against you after all that.

Re: Lifting lien

No. Until the judge makes a ruling on the motion to set aside the judgment, the judgment is fully enforceable by the judgment creditor. If you owe the money, your best bet is to negotiate a settlement or a payment plan with the judgment creditor.

Re: Lifting lien

You can possibly go to the court and bring an ex parte application to shorten time to hear the motion to set aside, based upon necessity.

However, if the debt is valid, I agree with Mr. Starrett's assessment.

Re: Lifting lien

No. Not without posting a bond from a bonding company that will pay off the judgment if you do not and you lose the motion. And that will cost you more. Why is it iimportant to do so before the hearing. If you are trying to close a loan or a sale, you can get the title company to insure the lender or the buyer agaisnt collection. You will have to leave some funds in escrow with them until it is cleared up.