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Objection to Notice of Lien?

Burlingame, CA |

How does one go about filing an Objection to Notice of Lien for civil case? How does one respond to a lien they don't believe is just?

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Filed under: Lien
Attorney answers 1

Posted

It depends on what sort of lien it is, and whether it is pre-Judgment or post-Judgment. Whatever your circumstances are, if in fact the lien is inappropriate or incorrect, and provide you act in a timely fashion, there are remedies available. You will need to be far more descriptive in regard to your situation before anyone will be able to provide you with any real usable information.

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Asker

Posted

I am unclear regarding what you mean by "pre-judgment" or "post-judgment". The lien is for attorney's (claimed) costs which are untrue. The lien is filed by (inadequate) attorney #1 as a settlement using another attorney #2 is being negotiated. Is that more clear?

John Noah Kitta

John Noah Kitta

Posted

If an attorney is filing a lien for costs, that means they would be filing a cost bill with the court. You then would have 10 days to file the Notice of Objection to costs if you don't agree with the costs. Timing is everything, so you need to perform in a timely fashion, otherwise, your position may not get in front of the Court; move quickly.

Asker

Posted

so first they need to file a cost bill? excellent. that hasn't been done yet. so far, just a lien. thank you for the advice!