Legal Question in Civil Litigation in California
Lien on all real property
was involved in lawsiut where we countersued. there were judgements for both parties, our judgement being 308,000.00 and the plaintif 280,000.00. It was supposed to be corporation suing corporation but it ened up being that we were personally sued. we have submitted a request for new trial, meanwhile the other party served us with an abstract of judgement and a lien on all real property with no ''stay''. What does this mean and is it legal? Our oringinal suit was for them not paying the promissorry note and their homes securing that note the judge cancelled our note and our lien and now we have a lien. I just don't understand. i fear of jury misconduct as well, because 7 out of the twelve complained to the judge about the forman's action and the way the verdict was voted on.
6 Answers from Attorneys
Re: Lien on all real property
It is odd and unusual for you not to know you were a defendant, personally, in a lawsuit. Were you added after the judgment by a Motion? We will need to review the judgment and any post judgment motions that were filed to help you. We handle cases throughout California. Please contact our firm if you need any assistance. If liens were filed, they probably were issued validly, but we would have to see exactly what was filed to assist you.
Re: Lien on all real property
As others have noted, your short question presents many different issues. I don't see how the plaintiff can have a net judgment against you at all; if he was awarded $280K and you were awarded $308K, then his judgment should be offset against yours, resulting in a net judgment of $28K in your favor. Were there multiple parties on the other side, so that the one with a judgment against you is different from the one which owes you the $308K?
As to the issue of a stay on the enforcement proceedings, the only way you can get a stay is to appeal the judgment against you *and* to post an appeal bond with the court. It is often possible to appeal without posting a bond, but doing so would not prevent the other side from enforcing its judgment while the appeal is underway. Be careful, though. There are strict time limits within which you must file your notice of appeal and various other documents.
If you are interested in pursuing an appeal and/or if the other side appeals your judgment, you will need a competent appellate attorney on your side. If your current attorney is not very experienced in this area, you should feel free to contact me. I have been certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization - a certification held by about 230 of California's 180,000-plus attorneys.
Re: Lien on all real property
You present several issues that should be reviewed by your attorney. If you don't have one, get one to at least review your options with you. It appears to be too complicated with the little information presented for an attorney here to suggest what to do next.
Re: Lien on all real property
Certainly you were represented in this matter. Follow your attorney's advice. If you are un-represented, call me directly at (619) 222-3504.
Re: Lien on all real property
The other side is attempting to put pressure on you -- but you have the ability to do the same thing on them. Ask your lawyer how.
Matthew Mickelson
818-382-3360
Re: Lien on all real property
Sounds like you need to hire competent counsel to handle the post trial matters, appeal, writ, etc. Feel free to contact me if interested in doing so. Time limits are running.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
