Legal Question in Credit and Debt Law in California
Is there a statue of limitation to file a lean on property for a personal loan. The owner of property being rented borrowed $3000.00 from renter and was supposed to deduct from rent. Instead Owner's estrange wife returned and renter was evicted so "wife" can move back "home". Renter has a note the Owner of property singed for the loan.
1 Answer from Attorneys
You cannot sue to get a lien for an unsecured debt. You have to sue and get a judgement. Then you can record an abstract of judgment which has the effect of a lien, and is sometimes called a "judgment lien." Until you sue and get that judgment, however, you have no right to a lien. As for the statute of limitations, on a written promise to repay money it is four years from when the payment was due that went unpaid.
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