Skip to main content

Would I be able to recover attorney fees, if contractor decide to voluntarily remove the lien during the 10 day notice.

Vacaville, CA |
Filed under: Mechanic's lien

Breach of contract. Job is not completed, Improper install and Code compliance issue. Almost 2 years. Contractor would not remove invalid, stale lien, even demand letter were sent. Plan to have attorney petition to expunge lien. What happen if contractor playing game, and decide to voluntarily remove lien during the 10 day serve notice. All the attorneys I talk to they want fees up front. will I be able recover the attorney fee from the contractor. If not, Will I losing thousands $ on attorney fee. Advice please.

Attorney Answers 3

Posted

No. If the contractor voluntarily removes the lien there would be no reason to petition. You can prepare the notice yourself or have an attorney prepare the notice for you. For more information see this CA court webpage: http://www.saclaw.lib.ca.us/pages/petition-mechanics.aspx

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

2 lawyers agree

Posted

If you have given notice for the contractor to remove the lien, and he does not within the allotted time period, then you will need to file a petition. If you hire an attorney to do that, and then after you file the petition but before the hearing date the contractor removes the lien, the court may still award you attorney fees. It is possible that the court will not, since the lien is now gone. There is never any guarantee that you will be able to recover attorney's fees, even if there is a statute making it mandatory. Some courts just won't do that.
If you file the petition yourself, then you will not be entitled to any attorney's fees, though you will probably be able to recover the cost of filing.

Mark as helpful

2 lawyers agree

Posted

Petition of the stale mechanic's lien removal will cost about $2,000 with including the first appearance and motion fees. If the contractor would remove the lien prior to the court hearing, you still appear to ask the court to issue lawyers' fees in your favor. Simply, but for your filing, the contractor would not remove the stale mechanic's lien. When you have a court order for payment of your lawyers' fees, you can make a complaint to the contractor license board after 30 days from the entry of judgment. Edward C. Ip www.lawyer4property.com

No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.

Mark as helpful

1 lawyer agrees

Bankruptcy and debt 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