Legal Question in Credit and Debt Law in California

Civil Litigation

Under California Law, Can I file a Lis pendas to make sure someone doesn't sell there property, before a civil case is heard?


Asked on 6/13/07, 9:38 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Civil Litigation

Depends on the reason for the lawsuit. If the case is out of the property and affects the ownership thereof, then, maybe.

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Answered on 6/13/07, 9:47 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Civil Litigation

You can only file a Lis Pendens (also called a Notice of Pending Action) in a lawsuit that deals with title to real property. If you are not represented by an attorney, then the judge must approve your Lis Pendens before it is recorded.

If you are suing over a debt, your case may qualify for a right to attach order that would allow you to put a lien on the defendant's property while the case is pending. If the defendant transfers the property to someone else to avoid paying a debt, you can file a fraudulent transfer action to get the property back and that WOULD qualify for a Lis Pendens.

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Answered on 6/13/07, 9:51 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Civil Litigation

Maybe. If you are suing them due to something related to the property, probably. If it is unrelated to the property, probably not.

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Answered on 6/13/07, 10:56 am


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