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Judgment Recovery through property (Real Estate & Property Law)

Tue, 04 Jan 2005 01:06:00 GMT

What is the name of your state? California
I am a defendant in a lawsuit, and found out that the plaintiff is an adjudged vexatious litigant. The case will most likely be dismissed because the plaintiff won't post a security bond. My concerns now are in recoverying my legal fees. I did some public record research on the plaintiff's possible property, and he intentionally avoids putting just his name on trust deeds/grant deeds, and instead refers to himself as "Trustee" of variously named Trusts that appear to have different individuals as the beneficiaries. The only document that bears his name alone (and his wife's) is the one he "homestead."
Since I know I can't get any cash out of this person, can you tell me how liens on property work in judgments? What are the limitations on the type of properties I can put a lien on? What proof of ownership is necessary? If he is named a beneficiary, but not owner, on a property, can I claim his unearned income somehow? Finally, when can I put a freeze on his assets, if at all? (I apologize for so many questions at once. )

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  • Tue, 04 Jan 2005 08:29:00 GMT(1)
  • Quote:

    Originally Posted by Tivoli

    What is the name of your state? California
    I am a defendant in a lawsuit, and found out that the plaintiff is an adjudged vexatious litigant. The case will most likely be dismissed because the plaintiff won't post a security bond. My concerns now are in recoverying my legal fees. I did some public record research on the plaintiff's possible property, and he intentionally avoids putting just his name on trust deeds/grant deeds, and instead refers to himself as "Trustee" of variously named Trusts that appear to have different individuals as the beneficiaries. The only document that bears his name alone (and his wife's) is the one he "homestead."
    Since I know I can't get any cash out of this person, can you tell me how liens on property work in judgments? What are the limitations on the type of properties I can put a lien on? What proof of ownership is necessary? If he is named a beneficiary, but not owner, on a property, can I claim his unearned income somehow? Finally, when can I put a freeze on his assets, if at all? (I apologize for so many questions at once. )

    **A: this is a legal advice website, not a law school class. Do more research or hire your own attorney.
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