Legal Question in Construction Law in California

Calif Contractor Liens

Can I place a California Contractors lien on a house owned by a foregn consolet and take them to small claims court?


Asked on 11/13/07, 10:48 pm

1 Answer from Attorneys

EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Calif Contractor Liens

Interesting question. The foreign counsel may be entitled to diplomatic immunity. You would have to check with the U. S. State Department for sure. In any case, you cannot sue on a mechanic's lien in small claims court. Since you suggest "small claims" I assume that the balance due is less than $7,500.00. In this case, it is questionable if the claim is worth pursuing in Superior Court. I would recommend forgoing the Lien route and taking it to small claims and letting the foreign counsel raise the immunity defense if it wants to contest the claim.

Best of Luck

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Answered on 11/15/07, 2:50 pm


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