Legal Question in Credit and Debt Law in California
How do I file a lien against a small business?
Cue to the default on promissory note (not secured but w/personal guarantees) for $60,000.
What is the process? and the cost?
2 Answers from Attorneys
Re: How do I file a lien against a small business?
There is no such thing in the law as a "small business." You can sue the individual, a partnership or corporation if there is one, and when you get a judgment you can take money, real estate, wages, vehicles, shares in a corporation, or whatever else you can find. To get your judgment, you hire a lawyer (hope your note says the magic words 'plus collection costs including attorney fees,' or you don't get those costs included in the judgment). Now the fun begins as you pray the debtor has assets you can reach and that the debtor does not go bankrupt. Good luck!
Re: How do I file a lien against a small business?
You must first obtain a judgment via the filing of a civil suit and prevailing or settling. Contact me directly.