Legal Question in Construction Law in California
Mechanic's Lien
I would like to know exactly what I need to do to forclose on a mechanics Lien without a Lawyer.
Can anyone help me here?
I've been to a lawyer and it would cost me just about all the money owed to me to hire them.
Can I do this without a lawyer? thanks
1 Answer from Attorneys
Re: Mechanic's Lien
Unfortunately, foreclosing on a mechanic's lien is not a simple process. This forum is for more general questions, not specific advice. That said, you need to familiarize yourself with three areas of law: procedural law, the law specific to contracts and mechanics liens, and the rules of evidence which includes an ability to put together an evidentiary package that will convince the judge or jury that you are owed what you say you are owed.
You might try Nolo Press (nolo.com) for some pretty good books on how to do your own lawsuit. It includes a lot of the procedural things you'll need to know. For the substantive law on contracts and mechanic's liens, you'll just have to go down to the law library and hit the books. The Nolo Press books should also give you some guidance on how to put together an evidentiary package and on the rules of evidence.
If your claim is for, say, $7500 or less, you should just go to small claims court. The limit in small claims is $5000, but small claims is so easy you'll save $2500 in time alone. Nolo Press also has books on how to go to small claims court. For the most part, all you need to do in small claims court is tell your story and make sure you bring all the paperwork/invoices/payroll showing that you are owed the amount you claim you are. Best of luck.