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Can I pursue a foreclosure?

CaliforniaLien DeadlinesLien Foreclosure

If I have a lien, how can I pursue the foreclosure without an attorney?

1 reply

Oct 4, 2021

If you are an individual rather than an entity, it is possible to represent yourself "in pro per" and to file a lawsuit to foreclose your mechanic's lien without retaining an attorney (an entity such as a corporation cannot be self represented). However, if you are going to do so, be prepared to research extensively the rules of civil procedure, local court rules, etc. Courts have resources available for in pro per litigants that can provide you further guidance. Also pay particular attention to any documentation served on you from the court or the opposing party. Strict compliance with deadlines and filing requirements is essential. Failure to follow court rules can result in severe sanctions. If your claim is under $10,000, probably safer to go to small claims (although you would lose the lien). If the claim is over $10,000 better to get an attorney.

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