Legal Question in Business Law in California
Im a contractor that purchased material from a company/vender, the material was broken and or damaged. I went back to vender for replacement, they said they would not due to the price I was receiving. I stopped payment, the vender contacted their law firm they use for collections. The Law firm filed small claims against me, but never served me, therefore having a day in court I never knew about and as a result got a judgment. Law firm enforced judgment by #1 putting a lien on my house where I am on title #2 contacting the california state contractors board and suspending my license. The law firm made a deal with me, I paid 2 payments and they sent me a abstract of judgment stating the judgment was fully satisfied accompanied by another by piece of paper notarized. I recorded it with the county recorders office, and sent documents to the CSLB and they released my license and is now current. The law firm is saying that i owe another payment. is it a done deal? Is the lien off my house because i recorded documents they sent me? Can they reneg on the notarized paperwork they sent me? and was it legal for them to put a lien on property thst i am only on title? and lastly tghem never serving me, what that all about?
2 Answers from Attorneys
Although you can't have an attorney represent you in small claims, you really should have sought an attorney. If you were not properly served you could have moved to set aside the judgment. I think you may have had valid UCC claims on faulty materials..
If you have a release of judgment and judgment has been satisfied it is done if they accepted it. Have an attorney review all of it. It will save you in the end
It is probably too late to contest the service of the small claims complaint.
If the agreement states you have satisfied the judgment then they can collect no more. It is difficult to say the outcome of t his without reviewing the paperwork.
If they have a judgment, they may record an abstract of judgment which will go against any property in your name.
To remove the lien on property, a satisfaction of judgment needs to be recorded.
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