Legal Question in Credit and Debt Law in California

Re: recovering money for shared residential fence frm nieghbor

Of course you can file a small claims action. You

can't file a lien until you prevail in the small

claims action, after which you could place a

judgment lien against your neighbor's property. I'm

not sure from your message where the probate comes in,

but if your neighbor has died, then you'll have to

file a creditor's claim in the probate of her estate

before you can file any lawsuit.

Re: recovering money for shared residential fence frm nieghbor

Your question is unclear as to why the "house is in probate." If you have an enforceable written agreement with your neighbor to pay for one-half of the cost of a fence, and the neighbor is deceased, you may proceed only by filing a Creditor's Claim in the pending probate proceeding. If the neighbor with whom you have made the contract is a tenant or someone other than the Executor of the probate estate, you may not have an enforceable agreement, since there may have been insufficient authority to make the contract. If we may be of further assistance, please contact us at www.labusinesslawyer.com.