Verified complaint to an opposition to lien.

[ministorage]

According to section 21710 of the Business and Professions Code I must file "a verified compliant setting forth the facts upon which the claim of lien is based" What does this mean exactly? What forms do I file? must I hire an attourney or can I do this on my own?

 

[fredrikklaw]

You have to commence a lawsuit!

This means that the party in question has filed a timely opposition to the Notice of Lien Sale (or Auction) which compels you to commence a lawsuit by filing the required "Verified Complaint," arguing why the sale/auction should proceed and that why you should have judgment for any other damages you maybe claiming because of the defendant's breach of contract.

Hiring of an attorney is of course helpful, as he/she would set up the complaint in a pleading format (everything worded out on a 28 line paper). But you are perfectly entitled to proceed with the lawsuit pro per (self representing), in which case you would need to fill out a Judicial Council form PLD-C-001 and here is the link where you can find it: http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

As a regular civil suit, the defendant will have 30 days to answer your complaint and you will continue from there.


fredrikklaw