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    STEVE333's Avatar
    STEVE333 Posts: 1, Reputation: 1
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    #1

    Aug 9, 2010, 02:48 PM
    How to file a lien for a personal loan in California
    I loaned someone $4000 a few months ago (personal loan). He is now in jail and it doesn't look good. He has his house for sale and has over $200,000 in equity. His mother is on the title. I understand that in California, I need to get a judgement in small claims court before being able to place a lien against the property. But do I sue him only or him and his mother.
    Thanks.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 10, 2010, 08:51 AM

    You sue him - his mother does not owe you anything.

    A lien is filed against property he owns, jointly or individually.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 10, 2010, 01:44 PM
    There are two general types of liens:
    • consensual
    • nonconsensual


    A mortgage would be one example of a consensual lien. If he is willing to give you one, that would work.

    A judgment is a nonconsensual lien. There are other types, but normally not one to fit your circumstances.
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