Legal Question in Civil Rights Law in California

Mechanics lien release on title

I have won a case through CSLB arbitration which required the contractor to pay me a sum of $13,872 and release a mechanics lien he filed on my property for $5,400.25. He has refused to do either. The CSLB has suspended his license and told him that if he does not satisfy the award within 90 days his license will be revoked. The contractor pulled out of the business (pools) and filed inactive status after he had problems with quite a few homeowners and doesn't really care about his contractors license anymore anyway. Now we are faced with not getting anything and a mechanics lien on our property. What specific form do I fill out if he did not follow through with the 90 day enforcement of the mechanics lien and it is now stray. Can you please direct me to a place where I can find out exactly what to fill out and turn in to the court on my own. I can't afford to hire an attorney and need to release the clound on my title. If an attorney would be willing to do the case and collect from the contractor, it would be fine, but I can't afford to pay someone and try and collect more money and then try and then fight through the court to confirm the judgement of my arbitration to collect the money he already owes me. Please help!


Asked on 9/14/07, 4:28 pm

1 Answer from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Mechanics lien release on title

What you want to do consists of two court actions that must be filed separately. Given your zip code, both must be filed in the Superior Court in Monterey.

1. Petition for Decree - to remove the mechanics lien, you file the Petition set out in Civil Code section 3154.

2. Petition to Confirm Award - to collect on the arbitration award you received, whether through court enforcement or through what remains of the contractor's license bond, you file a Petition in the same Superior Court. This Petition is set out in Code of Civil Procedure sections 1285, et seq.

I know of no forms that do these things for you. However, if you read those code sections carefully and frequently, you can draft your own. Alternatively, you can call my office to discuss the possibility of legal representation.

Good Luck

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Answered on 9/15/07, 7:49 am


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