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Loan Gone Bad - Looking for Remedy Advice

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palawren

Junior Member
What is the name of your state? California, County of San Mateo

Good day all,
Before I get to deep into this... yes, I have learned a valuable lesson.

Background:
I loaned $40K to my father-in-law to make tenant improvements to his place of business (a pizzeria). I did secure a loan agreement with signatures in the process.

Well, the EDD has closed him down and his court date is set shortly. He has relinquished both his business license and liquor license. I fear he will not be filing bankruptcy therefor I will not be named by him as a lien holder. What I understand is that I must file a lien claimant form with the court in order to get something into the record stating I am an interested party.

I realize the government will be first in line if the any assets he has are seized and sold. Yet, in the event there is more money after the sale I would like to be in line to get something out of this.

I am looking for any advice and forms I can file with the court. All I can find are Mech Liens and Medical Liens... nothing seems to fit my situation as there is no real property.
 


tranquility

Senior Member
You can't lien anything as you have nothing more than contracutal rights at this time. First, you must sue for breach, win, and then you have remedies to collect available.
 

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