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    Ohana10's Avatar
    Ohana10 Posts: 1, Reputation: 1
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    #1

    Mar 17, 2012, 03:28 PM
    How to file a lien on property in California?
    I sold a 5th RV to a friend who had bad credit, so I let her make the payments to me and I paid the bank. We never did any paper work to show I sold the trailer, but on all the checks she put under the MEMO line... 5ht Wheel payment. She has since moved out of state with the RV and is not making the agreed verbal payments. Can I put a lien on property she owns here in California?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 17, 2012, 03:47 PM
    Not unless you sue her first in court and win, and then next go repo your trailer and then only then, after you resale it, you can sue for the balance of what is owed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Mar 17, 2012, 03:53 PM
    Quote Originally Posted by Fr_Chuck View Post
    Not unless you sue her first in court and win, and then next go repo your trailer and then only then, after you resale it, you can sue for the balance of what is owed.
    Fr_Chuck, OP owns the trailer, for all intents and purposes. He/she should simply reposess it, sell it, and pay the other person the net proceeds (gross less costs of repossessing and selling it) less what the other person agreed to pay and didn't. I don't see any need to go to court.
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