Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Construction & Renovation

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-19-2009, 08:26 PM
Junior Member
 
Join Date: Aug 2009
Posts: 7
Send a message via ICQ to jerri-1

How can I remove an Illegal lien put on my home by painting contractor


California
About a year ago, I sued a painter in small claims court for poor workmanship, damage to property and abandoning the job. When they served him the summons, he went right down and put a lien on my home for more money than the job would have been if he had finished it. I won the case and all the money I gave him was paid back to me by his bonding company. My problem is, the lien which was illegal in the first place is still on my home. It is going against my credit and I cant sell my home because he will get money he isnt entitled to. What can I do? Can I go to small claims, or is there another way to go.
Thank you
  #2  
Old 08-19-2009, 10:13 PM
Member
 
Join Date: Mar 2008
Posts: 142
You may have a claim against the painter for loses (damage to credit due to lien) but it may be hard to prove actual monetary damages.

Since there was a judgment against the painter in the case related to the lien, you shouldn't have too hard a time removing the lien. Someone here should be able to give you or direct you to more information on the proper procedure in California to do this.
  #3  
Old 08-20-2009, 09:35 AM
Member
 
Join Date: May 2007
Location: Southern Oregon
Posts: 296
Consider an action against the painter for "slander of credit"
  #4  
Old 08-24-2009, 05:33 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by jerri-1 View Post
California
About a year ago, I sued a painter in small claims court for poor workmanship, damage to property and abandoning the job. When they served him the summons, he went right down and put a lien on my home for more money than the job would have been if he had finished it. I won the case and all the money I gave him was paid back to me by his bonding company. My problem is, the lien which was illegal in the first place is still on my home. It is going against my credit and I cant sell my home because he will get money he isnt entitled to. What can I do? Can I go to small claims, or is there another way to go.
Thank you
**A: when your case was heard did you not ask or did the judge not demand that the constractor remove the lien as part of the settlement?
  #5  
Old 08-26-2009, 07:43 PM
Junior Member
 
Join Date: Aug 2009
Posts: 7
Send a message via ICQ to jerri-1
Quote:
Originally Posted by HomeGuru View Post
**A: when your case was heard did you not ask or did the judge not demand that the constractor remove the lien as part of the settlement?
I told the judge that the day the painter was served the summons for small claims court, he went right down to the court building and put the lien on my home. After listening to everything, the judge said that he would send his decision in the mail. I was surprised that that was not addressed. When I called the courthouse and told them that the judge forgot to address the issue, they said that the case was over and that there was nothing I could do anymore.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:59 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.