Seeking lien under CA law to secure investment in a real estate transaction

Asked about 6 years ago - La Mirada, CA

I invested $50,000 with a company who was flipping properties and shortly thereafter all real estate transactions died. Can I put liens on them (business owners) to secure my money. They said they would pay but not sure when. What if one of them dies? One of the owners already had a heart attack.

Attorney answers (2)

  1. Jonathan Gregg Stein

    Contributor Level 11

    2

    Lawyers agree

    1

    Answered . You should retain an attorney. You cannot file a lien without a judgment. You will need to file a lawsuit to get a judgment. For this amount of money, a lawyer should be used. You should be able to find someone to handle it on a contingency basis.

  2. Joseph Robert McFaul

    Contributor Level 9

    2

    Lawyers agree

    Answered . Although you cannot obtain a lien without a judgment, you may be able to obtian a prejudgment "writ of attachment." This remedy does require you to hire an attorney. A writ of attachment works much like a lien. It is available only in certain contract actions where the amount in dispute is reasonably calculable and the plaintiff can demonstrate likely success. Lawsuits often quickly settle when a plaintiff obtains a writ of attachment. Your matter appears to be the type of action that would permit a prejudgment writ of attachment.

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