Legal Question in Real Estate Law in California

Re: Can a trash company put a lien on my house for garbage service I've never used?

In general, a private company cannot simply place an involuntary lien on your home. If this is a governmental body, and the trash services are paid via an assessment, then they likely already have the right to lien your property (just as property taxes automatically become a lien on real property).

If your property is part of a common interest development (aka Homeowners Association), then perhaps the notice is actually from the management company. If your monthly dues pay for trash services, then yes, the HOA does have lien rights -- unpaid legitimate assessments eventually lead to a lien.

If it is not a governmental body, or if the services are not part of an assessment, then it is unlikely that the company (a private company) can lien your property without court action -- i.e. a lawsuit.

You should not ignore the notice. Instead, start communicating with the company -- by telephone and then follow up in writing, preferably -- and ask important questions, such as (1) upon what basis are you asserting the right to lien my property, (2) what services have you provided/are you providing to my property, and (3) show me all relevant supporting documents establishing your claim that I owe you money.

Re: Can a trash company put a lien on my house for garbage service I've never used?

The only thing that I would add to the previous response is that some cities or counties do not provide trash service and mandate that you use a particular private trash hauler. You might contact your local city or county government to see if they such an arrangement.

Re: Can a trash company put a lien on my house for garbage service I've never used?

the answer depends on whether or not the garbage "company" is a private company or acting on behalf of a governmental entity. governmental entities have assessment rights for the good of the overall community per se, and can enforce payment of such a service, including placing an involuntary lien on your property. however, if the company at issue is privately owned and operated, then you cannot be held liable for their threatening claims without a contract or some other "legal fiction" justifying payment here. so, with this in mind, you may want to retain an attorney to "get to the bottom of this" for you, starting with inquiries and a validation of debt letter on your behalf. if you would like further assistance, contact us today.