Q: Can an attorney place a lien on contested property in California?
What if that lien, after a court order to be removed immediately, stands for an additional five months no matter the excuse [in this case simple refusal]?
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A:
In California, an attorney can place a lien on contested property through a mechanism called an attorney's lien. This lien allows the attorney to secure payment for legal services rendered. However, the lien must be validly placed, and the attorney must follow proper procedures.
If a court orders the removal of the lien, it must be removed immediately. Any refusal to comply with the court order can result in legal consequences. The property owner can seek enforcement of the court order, and the attorney may face penalties for contempt of court.
In your situation, if the lien remains for an additional five months despite the court's order, you can file a motion with the court to compel compliance. The court has the authority to enforce its orders and ensure that the lien is removed as directed. You may also consider seeking assistance from another attorney to help navigate this process and protect your rights.
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