Legal Question in Business Law in California
Someone hired me to deliver furniture to the condo where the allegedly live.
She refused to pay and is only renting the residence.
Can I place a lien against the property since I delivered to that property?
3 Answers from Attorneys
You are referring to a mechanic's lien. That applies to works of improvement, or delivery of goods and services to be used in a work of improvement. Delivery of furniture is not a work of improvement under the mechanic's lien laws. Even if you sue, you could not get a lien on the landlord's property, as the landlord is not at fault.
No, in order to place a lien based on this kind of claim, you must first file, serve and win a lawsuit to establish the validity of your claim against any defenses the defendant might have. Once you have a judgment, you can file (record) an abstract of judgment, which becomes a lien against any real property the judgment debtor has in the county or counties where you have recorded yoir abstract of judgment.
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