Legal Question in Credit and Debt Law in California
can i do a lien on a private school in which money was lent to help buy the school. signed loan agreement very simple. only on copy of cashiers check is there a notation for what loan is for. payment due date was in june 2009. no monies received. they are not returning my calls.
3 Answers from Attorneys
Sure you can file a lien against their real property. First you have to sue them for the money, and obtain a judgment. Watch out for legal time limits.
If you sue them and win, you can use the judgment against the school to place a lien on the school (as well as collect from the school in other ways).
This was for the operating business, right...not the real estate and building...
If the amount was for a few thousand dollars, you can take the check to court and show the judge and get a judgment.....$40-$80 dollars in cost.
If you sue in Superior Court with an attorney, you are looking at costs of $4000-$40,000 especially if all you have is the check. Discovery and evidence of the debt and agreement are going to cost time and money if needed to prove your case.
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