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?

Asked over 1 year ago - 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)

  1. Shaun K. Boss

    Pro

    Contributor Level 14

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    Answered . 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... more
  2. Thomas Patrick Quinn Jr

    Contributor Level 8

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    Answered . 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.

  3. Douglas Patrick Flaherty

    Contributor Level 5

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    Answered . 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... more
  4. Roman Michael Whittaker

    Pro

    Contributor Level 6

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    Answered . 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... more

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