Legal Question in Credit and Debt Law in California

contractor debt

I have a Small Claims judgement against a contractor/corporation who did not pay me for services I provided. I have an ''abstact of judgement'' filed as well. My question is should I or can I file a lien on a property that he currently has for sale? Thank you.


Asked on 5/28/09, 12:31 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: contractor debt

Why don't you file a claim against the contractor's bond first? To do so, contact the Contractor's State License Board - I think you can file a claim online these days. Second, if you have filed an abstract of judgment in the County in which the property (assuming its real property) is located, the abstract itself creates a lien on that property. When it is sold, assuming a title and escrow company are used to process the sale, the title company will require that your abstract be cleared before title can pass. That means you will (hopefully) get paid when the property sells.

In addition to the foregoing, do some research into what you can do to enforce a judgment - you can call the defendant in for a "Judgment Debtor Exam" and determine what other assets he/she/it has, and where the defendant banks. Then, levy the assets and bank accounts to satisfy the judgment. If you make yourself difficult enough, they may pay you just to make you go away. You might also consider turning it over to a collection agency, though you will pay a pretty hefty discount to do so.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/28/09, 12:46 pm


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