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    terry333's Avatar
    terry333 Posts: 9, Reputation: 1
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    #1

    Sep 3, 2010, 09:21 PM
    How can I remove a lien (Electric company)
    I live in California. I have hired a contractor to bulid a room in my home. The contractor got paid most of his money and left the job. I terminated the contract and hired another contractor to finish the job.

    Later I found out that the contractor gave a bad check to the Concrete company and they filed a lien on my home for $2,700. I paid the Concrete company and they removed the lien. Later I found out the Contractor never paid the Electrician he hired. The Electrician filed a lien on my home for $2,300.

    The Electrician than sued the Contracor and got paid a portion of the judgment from the contractor (which I don't know how much he got paid).

    I also filed a lawsuit against the contractor and got a judgment for $6,500

    I submitted my court judgment to the Contractor insurance (Bond) company. The contractor has a bond for $12,000.

    The attorney for the Insurance company notified me that there is another client whom he filed a CLAIM with the insurance company for $6,000 against the contractor and the insurance company approved his claim.

    Per Insurance compnay's attorney, we have to divide the $12,000 among myself ($6,500), the elctrician (unknown amount) and the other client (Claim of $6,000), less attorneys fees of $1,200.

    We have attempted via e-mail and letter by mail to contact the Electrican and he is not responding.

    Meanwhile the lien still on my house which is preventing me from refinance the home.

    Now the Insurance attorney is saying we have to forget about the Electrician and divide the money between 2 (myself and the other client less attorneys' fee of $1,200) otherwise the insurance company will take me to court and charge me attorney's fees for not accepting what they want to give me.

    I just send an e-mail to the Insurance Company attorney asking him to hold a responable amount for the Electrician and divide the remaining amount between myself and the other client.

    What should I do to remove the lien? We have attempted so many times to contact the Electrician and have not heard back from him.

    What should I do??
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 3, 2010, 10:42 PM

    Sue the electrician to quiet title and to terminate his claim to any portion of the bond proceeds. You should be able to get court permission to serve him by publication. If he fails to answer, which seems probable, you would win by default.

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