Painter put illegal lien on my home

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 youWhat is the name of your state (only U.S. law)?

What to do next

A lien stays on the county records as a "cloud" on your property title until you take action to remove it. An invalid lien can make it difficult or impossible to refinance or sell your home.

If the contractor, subcontractor or materials supplier fails to follow any of the strict time frames, you can petition the Superior Court to remove the lien.

Be aware that, although anyone can record a mechanic's lien, unlicensed contractors cannot foreclose on a mechanic's lien if the work is valued at more than $500.

Steps in removing an invalid lien:

Send the lien claimant a written request by certified mail. Keep a copy of your letter and the certification as proof of your request. Include:

• The reason(s) that you believe that the lien is invalid (in addition to your small claims award, it could also be invalid due to being filed outside the legal timeframe, which falls within 90 days after the work was allegedly completed, you accepted the work, or started to use the improvement)
  
• A request for the claimant to remove the lien.
  
• Remind the claimant that, if the lien is not removed and you have to get an attorney to remove it, the court can award you attorney fees of up to $2,000.
  
• Send the request to the claimant's last known verified address. (Sometimes, sending the letter is enough to persuade the lien claimant to release the lien.)

Keep all your documents and paperwork. You may need to demonstrate to a court that the lien claimant is unable or unwilling to execute a release of the lien or cannot, with reasonable diligence, be found.

If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanic's lien and take action to foreclose (90 days from the time that the lien was originally recorded), you may petition the court for a decree to release the property from the lien. If it gets to this point, however, it can be a complicated process that may require assistance from an attorney.

(Excerpted from California Contractors State License Board: What to do if a mechanic's lien has been filed against you - Contractors State License Board)

Illegal Lien

sandyclaus said:

A lien stays on the county records as a "cloud" on your property title until you take action to remove it. An invalid lien can make it difficult or impossible to refinance or sell your home.

If the contractor, subcontractor or materials supplier fails to follow any of the strict time frames, you can petition the Superior Court to remove the lien.

Be aware that, although anyone can record a mechanic's lien, unlicensed contractors cannot foreclose on a mechanic's lien if the work is valued at more than $500.

Steps in removing an invalid lien:

Send the lien claimant a written request by certified mail. Keep a copy of your letter and the certification as proof of your request. Include:

• The reason(s) that you believe that the lien is invalid (in addition to your small claims award, it could also be invalid due to being filed outside the legal timeframe, which falls within 90 days after the work was allegedly completed, you accepted the work, or started to use the improvement)
  
• A request for the claimant to remove the lien.
  
• Remind the claimant that, if the lien is not removed and you have to get an attorney to remove it, the court can award you attorney fees of up to $2,000.
  
• Send the request to the claimant's last known verified address. (Sometimes, sending the letter is enough to persuade the lien claimant to release the lien.)

Keep all your documents and paperwork. You may need to demonstrate to a court that the lien claimant is unable or unwilling to execute a release of the lien or cannot, with reasonable diligence, be found.

If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanic's lien and take action to foreclose (90 days from the time that the lien was originally recorded), you may petition the court for a decree to release the property from the lien. If it gets to this point, however, it can be a complicated process that may require assistance from an attorney.

(Excerpted from California Contractors State License Board: What to do if a mechanic's lien has been filed against you - Contractors State License Board)

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I want to thank you for the information. I didnt read it right away as I could not figure out how to use this site. I actually did write him a certified letter about 9 months ago. After 6 weeks, it came back to me stating that 3 attempts had been made unsuccessfully to deliver it. That is when I became at a loss of what to do. His bonding company said they can't do anything other than what they already did (paid me the money I won from him in court), and the contractors license board said that they do not get involved in that kind of thing. Yes, he is licensed.