Legal Question in Credit and Debt Law in California

i own a diesal and trailer repair shop. a customer stopped paying on there billing on there bill and after many attemps and bounced checks they quit even answer my calls or letters. Local recorders office told me that i couldn't file mech. lien because work i did wasn't on there property. i my question is were to i stand on collecting this money owed for my services. how to collect legally. theres rumors in this circle that the owner is trying to sell quick in hopes to not pay the many companys that gave him credit. im in santa clara county, san jose, ca thank you


Asked on 4/29/10, 9:20 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You will have to file a lawsuit, obtain a judgment and then record a lien before you can avoid having him sell the assets to another company, and leave you holding the bill (literally). There is no means that I am aware of, where you (I assume from the information you provided) do not have physical custody of his trucks and/or trailers to hold and lien. Depending upon the amount, you can file in Small Claims Court and get to court relatively quickly, or you can file in Superior Court, in which case if he files an answer, you could be a year or two before going to trial. Consult a local attorney as soon as possible to review your options, as there are a lot of other factors that need to be reviewed to give you full and complete advice on this matter.

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Answered on 5/05/10, 8:35 am


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