Legal Question in Civil Litigation in California

Failure to remove lien after payment was completed

After paying off a small claims case, two months ago in which the person also put a lien on my home he has not yet removed the lien nor shown proof of settlement.

The check was given to the person in the courtroom and cashed the same day.

How long does he have to file the forms as the judge ordered and what recourse do I have?

Thank you.


Asked on 11/01/04, 4:43 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Failure to remove lien after payment was completed

There is a demand letter that should be sent with specific language according to code to remove lien. If they do not remove lien, a motion can be done to remove the lien.

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Answered on 11/02/04, 12:12 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Failure to remove lien after payment was completed

If you send another letter, certified return receipt, and give the creditor a couple of weeks and he/she doesn't do it, then you can file a motion with the court to have the clerk sign the satisfaction upon your proof that it was paid, etc.

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Answered on 11/01/04, 9:13 pm
Joel Selik www.SelikLaw.com

Re: Failure to remove lien after payment was completed

Do demand in writing in certain format and they must do or you can sue them.

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Answered on 11/02/04, 12:02 am


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