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California Debt Blog: FAQ: Can I file a lien?

February 27, 2007 by Jonathan Stein

Q: I lent some money to someone. They won’t pay me back. Can I file a lien or a mechanic’s lien on their house?

A: You cannot file a lien until you have a judgment. (A mechanic’s lien can only be asserted if you provided work on a person’s real property.) And, if you attempt to to file a “lis pendens” and the case is not related to the house, the other party can come after you for damages.

You need to file in small claims court (up to $7,500) and bring any evidence you have. Then it is up to whether the judge believes you. If you win, then you have to collect. And, then, and only then, you may be able to file a lien against her house.

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