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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have an invalid lien on my house Notice to Owner filed

Customer Question

I have an invalid lien on my house Notice to Owner filed late have 3 Invoices and checks to back it up filed late and technicality due to the fact the opposing subcontractor filed a lesson pendent even though bonded then lies with cash. The subcontractor filed a suit against us and the builder I have to respond with answers one Attorney is telling me compulsory have to file answer and Sue both subcontractor and contractor the other attorney says to get discharged as it is technicality and fraudulent lein and you won't have to answer get lies removed and you can sue later if you want to? Help Confused in
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

The first attorney you talked to (the one that said to both file an answer and a counter claim) should be listened to. You need to both defend yourself in court, and address the liens on your property (they will not just go away because the person who put them there lied - you need a court order to determine that they were placed fraudulently).

The second attorney that you talked to does not appear to be a litigator (an attorney that practices civil litigation - court cases) - while he/she may have an idea or some strategy worked out where they think these liens will drop off, I would never allow a civil lawsuit to be filed against a client without being defended (if a lawsuit is filed against a party, and the defendant does not answer, the plaintiff wins automatically - it is called a "default judgment" and the defendant loses the opportunity to defend themselves on the merits of the case).