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Joseph
Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I have a property holdings company based in Florida and one

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I have a property holdings company based in Florida and one of vacation rentals in California owes me $1,229.99. How do I process a lien? I only have a driver's license of the renter? We did have a contract which she breached and several emails.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Have you sued this renter yet for breach of contract for not paying the rent?
Customer: replied 3 years ago.

No I have not sued. It was a vacation rental for August 31- September 2. She had more than my contract allowed of overnight guests; contract was for 4 people ( I charge a $100 each person per night up to six guests) she had 10 people.

Hello Jacqueline,

Thank you for the additional information.

You will first need to sue in small claims court (for breach of contract) in order to obtain a judgment against the renter. Liens are only available to people without a judgment if they did repair work on the residence specifically, not to other claims.

You can file suit in Florida, since the suit arose out of her contacts with the state. Then you would need to 1) domesticate the judgment in California and 2) file for a lien to enforce the judgment.

After you obtain that judgment, you could then file for a judgment lien to be placed on the property, but the most important thing is to first file suit in small claims court.

You would need to contact the local small claims court in your district to file suit.

Here are the rules for small claims cases in Florida:

http://www.floridabar.org/TFB/TFBResources.nsf/0/5E3D51AF15EE8DCD85256B29004BFA62/$FILE/Small%20Claims.pdf

And here is more information on judgment liens in California:

http://www.nolo.com/legal-encyclopedia/judgment-liens-california-46807.html


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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Thanks and best of luck!

-Joseph

Joseph and 9 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


No need to resend ...I found your response ..Thank you