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Legal

I put a lien on my x husband for back...

Resolved • Response time 2 minutes

9 May 2013

I put a lien on my x husband for back supposal support. He now is in the processing of selling the house. Rec'd a call from the title company asking me to fill out paperwork to release the lien. He also stole my identity after we were divorced and the case is with the DA's office. DA's office hasn't charged him yet. Here are my questions: 1) What legally will happen to me if I don't release the lien until the DA files their charges. Reason is that they & I won't know where he is living. 2) Is there a time frame for a release of a lien. 3) Can he take me to court to have it released 4)I'm having surgery in 2 weeks and don't need this distraction. 5) How long and what will the court do if they can't find him to serve him with the charges. 6) If I want to suit him for stealing my identitly, don't I need an address to serve him at. Can the fee to given before the questions are answered I'll await for your reply. Thank you. Linda XXXXX

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9 May 2013

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Lawyer's response
9 May 2013
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Hello. My name is XXXX XXX I will be happy to answer your questions. Did you receive the entire child support amount in arrears plus interest from your ex-husband related to this lien?
9 May 2013
Customer reply
9 May 2013
No...its for supposal support. Now he selling the home that I put the lien on and the title co is asking me for the amt he owns. But he also stole my identitly and the case is in the DA office, I don't want to release the lien until charges are filed on him. I won't have an address to serve him when I sue him.
9 May 2013
Customer reply
9 May 2013
Will there be any legal ramifications to me if I wait to release the lien. Can he do an ex-parte for me to release the lien. Also having surgery in 2 wks and want to wait until until its over.
9 May 2013
Customer reply
9 May 2013
R U still there?
9 May 2013
Lawyer's response
9 May 2013
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Thank you for your follow up. Let me ask you the questions that you have posted. 1) What legally will happen to me if I don't release the lien until the DA files their charges. Reason is that they & I won't know where he is living. Answer: A lien holder is legally obligated to provide the party against whom the lien is placed with the correct amount of any amount owed on which the lien is based and as long as, the party who is subject to the lien satisfies the full correct amount by making a payment to the lien holder, the lien holder would have legal obligation to release the lien. If the lien is not released within reasonable time after the payment to satisfy the lien is presented to the lien holder, the lien holder can be liable for any damages suffered by the person negatively effected by such lien and refusal of the lien holder to release the lien upon the tender of full payment to satisfy the lien. The DA investigation is criminal in nature and generally would not have any direct connection for an unrelated lien on a property. If DA Office does decide to file criminal charges against your ex, an arrest warrant will be issued for your ex and police will have plenty of resources to track your ex down and to take him into custody at his new address. 2) Is there a time frame for a release of a lien. Answer: The lien holder would generally execute the release of the lien upon the tender of the payment for the amount related to the lien, as long as, this payment is made by wire transfer or by other certified form of payment, such as cashier's check. 3) Can he take me to court to have it released Answer: The answer is a resounding "YES". The person who is subject to the lien, can file a lawsuit if the lien holder is refusing to accept a full payment in satisfaction of the lien and such lawsuit can seek not only a lien release but also any damages that the ex has suffered as your refusal to release the lien upon full payment. 4)I'm having surgery in 2 weeks and don't need this distraction. Answer: While a medical condition / surgery can be a valid reason to postpone or delay the execution of the release, the lien holder does have to make a reasonable effort to execute the lien release at the earliest possible date upon the payment and to act in good faith. 5) How long and what will the court do if they can't find him to serve him with the charges. Answer: If DA Office does decide to file criminal charges against your ex, an arrest warrant will be issued for your ex and police will have plenty of resources to track your ex down and to take him into custody at his new address 6) If I want to sue him for stealing my identity, don't I need an address to serve him at. Even if your ex does move after selling the house, there are plenty of resources which can be used to find your ex's new address and unfortunately simply refusing to sign a lien release for the reasons of being able to know your ex's address and to prevent him from moving would be viewed as "bad faith" and would not be a valid reason to refuse to sign a lien release. I am sorry that you are in this difficult situation and I wish you the best of luck and also a speedy recovery from your surgery!
9 May 2013
Customer reply
9 May 2013
What about the damages I suffered waiting all the writing back and forths for the back supposal support. Can this be included in the lien payment? "The answer is a resounding "YES". The person who is subject to the lien, can file a lawsuit if the lien holder is refusing to accept a full payment in satisfaction of the lien and such lawsuit can seek not only a lien release but also any damages that the ex has suffered as your refusal to release the lien upon full payment."
9 May 2013
Lawyer's response
9 May 2013
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Thank you for your follow up. You would be able to request a payment for any court ordered back owed spousal support plus any applicable interest that is permitted by law which is currently 10% per year in California. If you wish to collect any additional damages from your ex, such as attorney's fees or court costs related to the collection of the spousal support, you might be able to do so, but you would have to file a proper Motion with the court that has ordered the spousal support and as long as you did have to pay court costs or attorneys fees due to your ex failure to timely pay this court ordered spousal support, the judge is likely to award any attorney's fees or court costs related to the collection of the spousal support. I do understand how frustrating and emotionally difficult this entire experience has been for you and I understand why you might want to delay the lien release, but unfortunately the law is clear on this subject and it would also be a good idea for you to consult with a local attorney, who will be able to review your entire case and all related documents and facts and could not only help you resolve the situation with the lien, by making sure that you do collect what is rightfully owed to you, but also this local attorney can evaluate your situation for a future lawsuit against your ex based on the identity theft and any resulting damages. I wish you the best of luck and GOD bless you!
9 May 2013
Customer reply
9 May 2013
r u there?
9 May 2013
Lawyer's response
9 May 2013
Alex J. Esq.
Alex J. Esq.
Managing Attorney
I am here for you. Do you have any related follow up questions? If not, please click on the "excellent service" rating, so I can receive credit for my answers. Bonus and positive feedback is always appreciated, but is not required.
9 May 2013
Customer reply
9 May 2013
Alex, what about the damages I suffered trying to get the back support owed me...do I include that in the lien amount too?
9 May 2013
Lawyer's response
9 May 2013
Alex J. Esq.
Alex J. Esq.
Thank you for your follow up. I have answered this very same question in my previous answer which I will post again below: You would be able to request a payment for any court ordered back owed spousal support plus any applicable interest that is permitted by law which is currently 10% per year in California. If you wish to collect any additional damages from your ex, such as attorney's fees or court costs related to the collection of the spousal support, you might be able to do so, but you would have to file a proper Motion with the court that has ordered the spousal support and as long as you did have to pay court costs or attorneys fees due to your ex failure to timely pay this court ordered spousal support, the judge is likely to award any attorney's fees or court costs related to the collection of the spousal support. Unfortunately, this would be the only generally permissible additional damages that you would be able to collect as it related to the back owed spousal support claim. I do understand how frustrating and emotionally difficult this entire experience has been for you and I understand why you might want to delay the lien release, but unfortunately the law is clear on this subject and it would also be a good idea for you to consult with a local attorney, who will be able to review your entire case and all related documents and facts and could not only help you resolve the situation with the lien, by making sure that you do collect what is rightfully owed to you, but also this local attorney can evaluate your situation for a future lawsuit against your ex based on the identity theft and any resulting damages. I wish you the best of luck and GOD bless you!
Customer rating:
Alex J. Esq.
Alex J. Esq.
Managing Attorney
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9 May 2013
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