Skip to main content

What do I do after I filed request for entry of default against a contractor who put a lien on my property and did not answer?

Palm Springs, CA |

I 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?

Attorney Answers 4

Posted

You indicate that you filed suit against the contractor. Did you file suit or a petition to remove the lien under Civil Code section 8480 et seq? If you filed the latter, the Court can order the lien removed.

This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.

Mark as helpful

1 found this helpful

7 lawyers agree

1 comment

Asker

Posted

I filed for quite title, fraud, breach of contract. I got the entry of default but i need to know what to do next.

Posted

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.

Mark as helpful

1 found this helpful

6 lawyers agree

Posted

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.

Construction projects and the legal rights and remedies that flow from them are legally technical and factually intensive. This Avvo answer is not legal advice and should not be relied upon without further consultation with a qualified construction lawyer.

Mark as helpful

1 found this helpful

6 lawyers agree

Posted

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.

DISCLAIMER: Please note that this answer does not create an attorney-client relationship, does not constitute legal advice and should not be relied upon, since each jurisdiction has different laws, each situation is fact specific, and it is impossible to evaluate a legal issue without a comprehensive consultation and review of all the facts and documents at issue.

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

Thank You Roman! I will contact you to discuss.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics