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Asked 4 months ago - Palm Springs, CA
FlagI filed suit on a contractor who put a mechanics lien on my property. He failed to answer and I filed request for entry of default. What do I do to get the lein off and get my costs and expenses back?
As stated below, it depends on what the suit was about. If you petitioned to have the lien removed, then the court can probably order it removed. if not, you should petition the court to have the lien removed under Civil Code section 8480. You will have to serve the petition and get a hearing date. The court will likely remove the lien at that point if the time to file an action to enforce it has expired or it is otherwise invalid.
In addition to a Civil Code 8480 petition for an order to release the lien, you can make a claim on the Contractor's License Bond, and after a judgment is obtained, you can submit a "construction related judgment" to the Contractor's State License Board who will suspend the contractor's license if the judgment is not satisfied.
The answers provided are all correct. There are strict timelines within which a contractor must file a complaint to foreclose a mechanic's lien. If the deadline is passed, you can petition the court to release the lien and recover some costs and attorney fees. If you filed your own complaint against the contractor, I suspect it was for breach of contract or negligence or some violation of the contractor's license law. A petition to release the mechanic's lien will have to be brought separately if you didn't seek that relief in your complaint. I'm a lawyer in Palm Desert and can assist you should you desire.
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