Legal Question in Credit and Debt Law in California
I have a client that has a lien against his real property, the collections account of which a default judgement was won, is not his if not his sons. The identity was already established with the company as not his and the son already made payment arrangements with the company yet the company has failed to remove the lien against the property which does not belong to the son. What form of suit if any can be filed against the company for non-compliance? The company defamed my client, due to them not researching their records sufficiently, it has impacted his real property, his credit and creditors have even lowered his credit limits due to this. Any advice would be more then appreciated.
2 Answers from Attorneys
Have your "client" call a lawyer directly, don't give him legal advice. On the facts presented he might have a good case for malicious prosecution, abuse of process, violation of the fair debt collection laws, and other things.
I agree with Attorney Stone. You need to have your client contact an attorney directly.
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