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CIV-160 Guidance: Petition to Remove Lien (California)

Use the CIV-160 Petition to Remove Lien form when a public officer or employee is seeking judicial relief to strike and release a false lien or encumbrance filed against his or her property, which was intended to harass or impede the officer or employee in the course of official duties. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-160

When completing form CIV-160, pay special attention to these less obvious sections:

Declaration

Detailed Declaration

In your declaration, focus on providing a detailed account of the facts with references to any evidence that supports your claim, ensuring you meet the burden of proof.
Item 1a

Public Employee Specific

Ensure that your role as a public officer or employee is established before filing this petition. This form is specifically tailored for those actions taken in the course and scope of public duties.
Item 6

Lien Description

Clearly describe the lien or encumbrance that has been filed against your property. Include any available information such as document numbers, recording dates, and the nature of the lien or encumbrance to provide clarity.
Item 7

False Filing Grounds

You must provide evidence that the respondent filed the lien or lawsuit knowing it was false and with intent to harass or interfere with your duties. A declaration detailing these facts must be attached to validate your claim.
Item 8

Exclusions

Confirm that the lien or encumbrance you seek to challenge does not involve claims by financial institutions or public entities. These types of documents are not eligible for removal under this petition.
Item 9c

Penalties Request

If seeking civil penalties against the respondent, ensure you are able to substantiate the proof required as per Code of Civil Procedure section 765.040 and Government Code section 6223.

What to do after filing form CIV-160

1
Confirm receipt of your filed Petition to Remove Lien (CIV-160) by obtaining a copy with the court's stamp and filing date, which may be available online or at the clerk's office.
2
Serve a copy of the filed petition on the respondent using an approved method, such as personal service or certified mail, ensuring to file a proof of service with the court.
3
Monitor the court’s calendar or case docket for any scheduled hearings related to the petition, particularly if you requested an ex parte order to show cause.
4
Prepare for any hearings by gathering all necessary documentation and evidence to support your petition if an Order to Show Cause hearing is scheduled.
5
Await a response from the respondent, who may file a formal response or objection to your petition, which will be addressed during the hearing or in subsequent proceedings.
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