Legal Question in Appeals and Writs in California

I have a lien on my property from a judgment that dates back to the 90's. Since then, I have attempted to get my roof repaired twice several years apart but was told that the roof was installed incorrectly and my insurance company would not cover the cost. In addition, I've had to install drains and vents because the contractor neglected to do so when he built the addition. Can I reopen the case and provide the documentation that shows he was negligent. Additionally this contractor has a very bad history with the BBB, Contractor Board etc.


Asked on 8/18/11, 4:31 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

What does the judgment lien on the property have to do with having your roof repaired?

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Answered on 8/18/11, 4:33 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You cannot reopen such an old case, at least not for the reasons you describe. It may have been possible to bring a new lawsuit against the contractor when you discovered the defects if you could not have reasonably discovered them sooner, but it sounds like so much time has now passed that you can no longer do so. I could be wrong about that, so you may want to consult with an attorney and explain what happened and when.

Although your question doesn't say so, I infer that the judgment creditor on the prior case was the contractor who installed your roof. It has no bearing on my answer, but it would explain why you feel reopening the old case would be appropriate.

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Answered on 8/18/11, 4:51 pm
Terry A. Nelson Nelson & Lawless

Cutting through the fog, I understand that the contractor got a judgment against you and filed a lien to enforce it more than ten years ago. That case is over. However, if he didn't properly renew the judgment within ten years of its issuance, it no longer can be enforced and the lien is of no value to him. If so, then you can go to court to clear title and remove the lien.

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Answered on 8/18/11, 6:02 pm


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