Legal Question in Credit and Debt Law in California

Re: filing a lien

I agree with Mr. Miller. I would further caution you about recording a lis pendens. You could get yourself into trouble with such a recording if the debt doesn't somehow relate to a claim on the property. Call an experienced litigator.

Re: filing a lien

Thanks for your posting. You can't get a lien against a property until you prove your case, which means you will have to file a small claims, municipal, or superior court lawsuit (depending upon your jurisdiction and the dollar amount).

After you win your case, you can place a lien on the property. The exception is where (as another attorney mentioned) there is a lis pendens (not "pendence") filed with the recorder's office on the property, or if you are a contractor doing work on a piece of property, you can record a "contractor's lien" on the property to secure your work.

Either way, you will have to begin a lawsuit right away (especially, if as you say this person is leaving the county), so you probably should consult with an attorney in your area.

If you have any other questions or desire more information, please feel free to contact my office via email or call at 1-877-568-2977.

Re: filing a lien

I suggest that you contact an experienced collection attorney to represent you with regard to this collection. There are several avenues that the attorney may suggest you take with respect to your matter. This might include, but is not limited to, sending a bad check letter pursuant to CA Civil Code Section 1719 to obtaining a civil court judgment and then pursuing aggressive collection techniques (i.e. wage garnishment, property liens, writ of execution for cash or personal property, etc.).

You also need to be aware of the statute of limitations that apply to your claims. This means that you have a limited amount of time to file your claim. I suggest that you contact an attorney at your earliest convenience. I would be happy to speak with you should you have any additional questions with this or any other matter. Take care. Best of luck!!

Best regards,

R. David Bolls III, Esq.

The Schinner Law Group

40 First Street, 4th Floor

San Francisco, CA 94105

415.369.9050 telephone

415.369.9053 facsimile

[email protected] email

www.schinner.com website

The information provided hereinabove constitutes general non-qualified information only. The information is not meant to be relied upon as legal advice or a legal opinion. The material, substantive and relevant facts necessary to render legal advice are not present in this general question and answer. No attorney-client relationship has been created by providing such information.

For legal advice or a legal opinion, please contact an attorney.

Re: filing a lien

You cannot file a lien without a judgment in your favor in a court of law. If you are concerned with this person leaving the the country, you should file suit immediately, and file a "lis pendence" on the property. Let me know if I can help or answer any questions.

925-924-0100