I recently won my case in Small Claims Court (LASC). Defendants were unwilling to pay the judgment even after a trial de novo. I filed an Abstract of Judgment with the court and then had it recorded with the County Recorder. Will the County Recorder notify defendants that a lien is on their property? If not, do I need to mail a copy of the recorded document to defendants?
Yes, the Los Angeles County Registrar-Recorder/County Clerk will serve notification by mail to debtors when an involuntary lien is recorded against them. An INVOLUNTARY LIEN is a lien that a property owner did not sign, such as an Abstract of Judgment. Therefore, you do not need to mail a copy to the judgment debtor(s).
I agree with my colleague's answer and am only responding to suggest that you also try to collect the debt through other means since the lien on the real property will only pay out if the debtor tries to sell the property. Some other ways may include wage garnishments and obtaining a writ of execution.
The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.
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Chapter 7 Bankruptcy Attorney
The lien will be established by the filing and you can either sit back and wait for them to sell or refincne the property or you must then go to the Sheriff to see if you can garnish wages or find bank accounts that you can sieze in order to satisfy the judgment.
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.