In Calif.,can I, the plaintiff & prevailing party in small claims court put a...

J

Jerry 71

New member
...lien w/o doing a debtor's exam? I won a judgement in small claims court and know what real estate the debtor/defendant owns and I do not expect the debtor to respond to a debtor's exam. The debtor/defendant did not show up in court and is a true deadbeat (IRS has liens on his property). Thanks.
Am I required to do a debtor's exam before putting a lien on the debtor's property (yes, I already know the address and the block and lot number of the house)?
 
Under the following CODE OF CIVIL PROCEDURE
SECTION 697.310-697.410 of California you can and you can do it without doing a debtors exam. You simply have the court clerk file a "abstract of judgment"

Have the court clerk issue an Abstract of Judgment-Civil (form EJ-001) for a $15 fee. Take or mail the Abstract of Judgment to the County Recorder's office in the county where you believe the debtor owns real property. The recording fee should be about $20. You will not be paid automatically, but if there is a refinancing or sale of the property, you should get paid your money with interest. Check out Code of Civil Procedure sections 697.310 through 697.410 I have referenced in the source area. Some county assessors will confirm if a debtor owns real property over the phone.

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LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice
 
You can ask, but unless you are a licensed contractor and you are talking about a mechanics lien the odds are right around zero. You should have found out at the hearing, you need the court order from that judge.
 
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