Legal Question in Credit and Debt Law in California

Re: Creditors' Remedies

There are certain requirements that one must go through prior to starting work in order to be entitled to file a mechanic's lien. It does not indicate that you have done these steps.

You can sue the individual in small claims court. When you win, you can record the judgment and file a lien against the property. You may not be able to force a sale, but the property cannot then be sold without payment of the judgment lien. Might take awhile, but you will be accumulating interest along the way.

Re: Creditors' Remedies

Of course the plumber will see his money! You first have to establish the obligation, by way of filing a mechanics lien claim. then an action to foreclose on it. That lien gives you a claim against the title of the property. If you get a judgment, you can enforce the lien. Your judgment is enforceable as is any judgment, by way of writ of execution, garnishment of wages, etc. What makes you think you will not get paid?

Re: Creditors' Remedies

You should file a mechanics lien if it would be timely. Then, you should hire a lawyer to foreclose the mechanic's lien. You can not do this action in small claims court. If you written contract contained a provision for the recovery of attorney fees, these may be recovered. Even a personal judgment is good for ten years and you could place an abstract of judgment on the owner's property. I would be glad to review any documents you might have without charge in order to advise you of your options and answer your questions in more detail should you request. My fax # is 714 363 0229