Legal Question in Business Law in California

breach of contract

I am being sued for a breach of contract. So the plantiff and I can settle out of court, she is asking that I sign a paper (a property Lien,) to secure payment of debt. She says that we not have to appear in court on scheduled court date, that the case will be dismissed without predjudice. Do I have to sell my home/ Can she force me to sell to repay her?


Asked on 2/14/00, 3:45 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: breach of contract

I would not sign it without consulting an attorney. If you do not wish to consult an attorney do not sign anything! A property lien basically means she has the right to force you to sell your home to pay the judgment. I would proceed with extreme caution. If she is asking you to sign a property lien then the amount is probably substantial. Are you sure she can show proof that you breached a contract? Even if it is her word against you might have a good chance at winning in court. If the evidence is even and the jury thinks you are both right you win since you are the defendant. I would be happy to discuss your case with you and help you determine how to proceed. The consultation is free and my toll free office number is 877-546-9918. If you don't call me, call another attorney because I am afraid of what she is asking you to sign and it could end up costing you your property.

Sincerely,

John Hayes, Esq.

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Answered on 2/17/00, 8:32 pm
Ken Koury Kenneth P. Koury, Esq.

Re: breach of contract

John gave you some good advice. with a property Lien she can sell your house if you fail to make the payments terms of the settlement agreement.

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Answered on 2/18/00, 5:23 am


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