Legal Question in Construction Law in California

Real estate attachments

My 81 year old mother had a house built by a class B contrctor, and there are serious defects. He claims he has no assets, but looking into this she has found that he owns pieces of land with houses, a dumptruck, a backhoe/bulldozer, etc.

What can be attached to a lawsuit such as land, houses, vehicles etc?


Asked on 3/11/09, 1:47 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Real estate attachments

You have a number of issues before you can get to the point where you attach assets belonging to the contractor. First, you have to be able to establish liability in court - the law has changed when it comes to construction defect, and it is not as easy as it used to be to establish liability on the part of a home builder. Second, you have to be sure the statute of limitations has not yet run. The outside statute of limitations is 10 years from date of completion, however, it is 2 years from the date of actual knowledge of, or imputed knowledge of the defects. If she knew or should have known about the defects three years ago, you may be out of luck. Finally, you have to prosecute the lawsuit and obtain a judgment before you can start attaching assets. Once correction to attorney Moschopoulos' assertion that those assets are all fair game, a house can be homesteaded to a degree and protected from attachment, as can certain other assets such as "tools of the trade." You really need to review the entire matter with an attorney before charging forward.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/11/09, 3:54 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Real estate attachments

All of the assets you mentioned are fair game. However, you need to get a judgment first. I recommend you hire an attorney for assistance.

Good luck.

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Answered on 3/11/09, 2:10 pm


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