Legal Question in Real Estate Law in California

Re: Unpaid earned commission

What type of project? Public or private? What type of work did you do?

Re: Unpaid earned commission

As stated you will first need to file a lawsuit to get a judgment. If you have already done that, you may contact our office and we can assist you with the procedures to enforce your judgment.

If you are in the northern or southern California metropolitan areas, please contact us via telephone or email us at [email protected] and someone will assist you.

Re: Unpaid earned commission

Unless your work qualifies you for a mechanic's lien, it is difficult to obtain a pre-judgment lien on a debtor's property.

The right to a mechanic's lien arises when you supply labor or materials for a work of improvement to real estate. If your procedures and timing are right, and you didn't violate the contractor licensing laws, you may under these circumstances be able to place a lien on the real estate that was improved by your labor or materials.

If, however, the debt has nothing to do with improving the property, obtaining a prejudgment lien against a debtor is a difficult process. You would have to make an application to a court for a "right to attach order," showing the judge that the debtor was likely to hide assets so that a pre-judgment attachment was necessary. They are tough to obtain, partly because the debtor/defendant is entitled to his day in court under the Constitution. Further, a debtor's residence is at least partially immune from seizure due to the homestead exemption.

Re: Unpaid earned commission

if you would like legal assistance in this matter, feel free to email me directly on how you would like to proceed.

Re: Unpaid earned commission

You cannot just put a lien against the property. You will need to file a lawsuit for his breach of contract and get a judgment. Once you have that, you can file the judgment with the county.