Home>Levelset Community>Legal Help>how to get default judgement and order

how to get default judgement and order

CaliforniaLawsuitLien Foreclosure

i have served preliminary notice, and filed mechanic lien with notice of, to county clerk. i served defendant copys by reg mail. then i served defendant notice of default. and then i get call from police telling me stop harrassing defendant. i filed court complaint to foreclose the property under mechanic lien rights. along with lis pendens. so what do i do next. i cant contact defendant in any way the court papers say we must meet for mediation. on oct 1, 2018 i started a home improvement project with a friend, and we started job as he was forman for the owner. and after three weeks of work i ask for my pay. the owner defendant says i have contract with the forman for $2,000. so we had meeting and i explained to defendant if 5 workers are working for three weeks the cost of labor per day is over$1,000. the owner offers me $1,000 if i sign waiver. i said no u owe me $1,750 owner then say he and forman has to go over all extra work done. leading me to believe i was going to be paid. and continued work. that when i served preliminary notice. a week later i contacted owner telling him i havent been paid. owner says i have contract for $2,000 with forman. and i paid him. the job started as moveing doorway and closet. and after three weeks of work the entire building was reconstructed to medical offices adding rooms, raiseing the ceiling new drywall about $150,000 worth of work. raised the roof, reconstructed the exterior of the building. and owner is trying hide behind false contract with his forman to avoid paying labor. the formans son doesnt work for his dad any more. he works for the owner so he get paid on the side. so i am trying to foreclose sale the property. unpaid wages $2,600 and labor code 238 unpaid wages penalty is $2,500 and $100 aday everyday after not paid. do to the plaintiff. so total is over $10,000. plus court fees.

1 reply

Dec 26, 2018
I'm sorry to hear about that - sounds like a very frustrating situation. First, it seems odd that sending the required notice from court filings would be considered "harassing" the other party when properly performed. But, when a court has ordered that arbitration take place, typically, the court should appoint an mediator to perform the mediator. If that is the case, following up with the mediator to determine what next steps are necessary would likely be a good idea. Where no mediator has been appointed, finding your own mediator may be necessary - and sites like might be helpful in doing so. In either event - following the necessary process to inform the other party of pending mediation will likely be necessary, and it'd seem very unlikely that making them aware of mediation which they are a party to would be considered "harassment". Still - when a claimant is aware that the other side is being represented by a lawyer, it's likely wise to send communications to the lawyer. Finally, considering how far along this dispute has gone, it would be wise to consult (if not hire) a local attorney to represent your interests and guide you through the process of proceeding with your claim. In consulting your own attorney, they will be able to further review the relevant documentation to determine how best to proceed, plus they can help with the procedural details regarding your claim. Good luck!
0 people found this helpful