Legal Question in Civil Litigation in California
Failure to remove lien after payment was completed
After paying off a small claims case, two months ago in which the person also put a lien on my home he has not yet removed the lien nor shown proof of settlement.
The check was given to the person in the courtroom and cashed the same day.
How long does he have to file the forms as the judge ordered and what recourse do I have?
Thank you.
3 Answers from Attorneys
Re: Failure to remove lien after payment was completed
There is a demand letter that should be sent with specific language according to code to remove lien. If they do not remove lien, a motion can be done to remove the lien.
Re: Failure to remove lien after payment was completed
If you send another letter, certified return receipt, and give the creditor a couple of weeks and he/she doesn't do it, then you can file a motion with the court to have the clerk sign the satisfaction upon your proof that it was paid, etc.
Re: Failure to remove lien after payment was completed
Do demand in writing in certain format and they must do or you can sue them.
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