Legal Question in Credit and Debt Law in California
How do I file a lien against a business owner who has signed a personal contract for $75,000
4 Answers from Attorneys
Unless you have a written agreement with the lender for a lien, the only remedy you have is to go to court.
It may be possible to attach certain property during the pendency of the lawsuit -- that would have the effect of a lien. You would have to discuss that possibility with a lawyer. There are many of us litigation lawyers here on LawGuru, and I suggest that you contact one of us for assistance.
You need to file a lawsuit and win against the party first.
Unless the business owner voluntarily signs a lien such as deed of of trust on their home, you'll need to file a lawsuit and get a judgment. When a judgment, you won't need the cooperation of the business owner to get a lien.
The first answer was correct. The following two are not. If you have a clear case for a debt, you can obtain a pre-judgment writ of attachment, which is essentially a court-approved lien, until a judgment is entered. You then can file a judgment lien on most assets you can locate. All the answers are correct, however, in that they say unless you already have a lien to secure the debt you cannot get one without filing a lawsuit on the debt and obtaining a court ordered lien.
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