Legal Question in Civil Litigation in California
Can I dissolve leins that were attached illegally?
I have two leins on my house that were placed within the last six months by creditors who apparently received default judgements. I never saw, signed, or received any paperwork regarding the suit. Is it possible/cost effective
to have these leins dismissed?
2 Answers from Attorneys
Re: Can I dissolve leins that were attached illegally?
You can move to set aside the defaults and default judgments based upon your ignorance of the lawsuits, litigate the collection matters and perhaps settle them, thereby avoiding the liens. Otherwise, if you pay to satisfy the judgments, the liens must be removed.
Re: Can I dissolve leins that were attached illegally?
You need to file a motion with the court to set aside the default judgments. Generally, you have 180 days from the date notice of entry of judgment was served on you to file the motion. Don't wait. It sounds like you're against the deadline. We have filed these motions before. Let us know if you need our help.
Many times, you can file the motion and negotiate a great settlement.
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