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Homepage ➨ Fill Out a Valid Mechanics Lien California Template
Content Overview

Guide to Writing Mechanics Lien California

Filling out the Mechanics Lien form in California requires careful attention to detail. This form is essential for securing payment for work completed or materials supplied. Follow these steps to ensure the form is completed accurately.

  1. Obtain the form: Download the Mechanics Lien form from a reliable source or visit your local county recorder's office.
  2. Fill in your information: Enter your name, address, and contact information at the top of the form.
  3. Identify the property: Provide the property owner's name and the address of the property where the work was performed.
  4. Detail the work done: Clearly describe the work completed or materials supplied, including dates and specifics.
  5. List the amount owed: Indicate the total amount you are owed for the work or materials provided.
  6. Sign the form: Sign and date the form at the bottom to validate your claim.
  7. Notarize if required: Some jurisdictions may require a notary public to witness your signature.
  8. File the form: Submit the completed form to the county recorder’s office where the property is located, along with any required fees.

Once you have filled out and submitted the form, keep a copy for your records. Make sure to follow up to confirm that the lien has been recorded properly. This step is crucial for protecting your rights and interests in the matter.

Document Breakdown

Fact Name Description
Definition A mechanics lien is a legal claim against a property for unpaid work or materials provided in construction.
Governing Law The mechanics lien in California is governed by the California Civil Code, specifically Sections 8400-8494.
Eligibility Contractors, subcontractors, and suppliers may file a mechanics lien if they have not been paid for their services or materials.
Filing Deadline The lien must be filed within 90 days after the completion of the work or delivery of materials.
Notice Requirement Preliminary notice must be given to the property owner to preserve the right to file a lien, typically within 20 days of starting work.
Form Submission The mechanics lien form must be completed accurately and filed with the county recorder’s office where the property is located.
Enforcement If unpaid, the lien can lead to a foreclosure action, allowing the lienholder to recover the owed amount through property sale.
Release of Lien Once payment is received, a lien release must be filed to clear the property title from the claim.

FAQ

  1. What is a Mechanics Lien in California?

    A Mechanics Lien is a legal claim against a property that ensures payment for labor or materials provided for construction or improvement. It protects contractors, subcontractors, and suppliers who have not been paid for their work.

  2. Who can file a Mechanics Lien?

    Any individual or business that has provided labor, materials, or services for the construction or improvement of a property may file a Mechanics Lien. This includes general contractors, subcontractors, laborers, and suppliers.

  3. What are the requirements to file a Mechanics Lien?

    To file a Mechanics Lien in California, you must meet the following requirements:

    • You must have provided labor, materials, or services to the property.
    • You must be able to prove that you have not been paid for your work.
    • You must file the lien within 90 days of completing your work or providing materials.

  4. How do I file a Mechanics Lien?

    To file a Mechanics Lien, follow these steps:

    1. Complete the Mechanics Lien form with accurate details.
    2. File the completed form with the county recorder’s office where the property is located.
    3. Serve a copy of the lien to the property owner and any other relevant parties.

  5. What information is required on the Mechanics Lien form?

    The Mechanics Lien form typically requires the following information:

    • Your name and address.
    • The property owner's name and address.
    • A description of the work performed or materials supplied.
    • The amount owed for the work or materials.
    • The legal description of the property.

  6. What happens after I file a Mechanics Lien?

    Once filed, the Mechanics Lien becomes a public record. The property owner has a limited time to respond, typically within 90 days. If the debt remains unpaid, you may need to take further legal action to enforce the lien.

  7. How long is a Mechanics Lien valid?

    A Mechanics Lien is valid for 90 days from the date of filing. If you do not initiate legal action to enforce the lien within this period, it will expire and become unenforceable.

  8. Can I remove a Mechanics Lien?

    Yes, a Mechanics Lien can be removed in several ways, including:

    • If the debt is paid, the lien can be released.
    • Filing a court action to have the lien invalidated.
    • Filing a withdrawal of the lien with the county recorder’s office.

  9. What are the consequences of not filing a Mechanics Lien?

    If you do not file a Mechanics Lien, you may lose your right to collect payment for the work performed. Without this legal claim, you may have limited options for recovering unpaid debts related to construction or improvement work.

  10. While it is possible to file a Mechanics Lien without legal assistance, seeking help from a professional can ensure that the form is completed correctly and filed in compliance with California law. This can help avoid potential issues that may arise during the process.

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Mechanics Lien California Example

Recording requested by (name):

____________________________________________

When recorded, mail to (name and address):

____________________________________________

____________________________________________

____________________________________________

____________________________________________

Recorder’s Use Only

CLAIM OF MECHANICS LIEN

(Cal. Civ. Code § 8416)

Declaration of Exemption From Gov’t Code § 27388.1 Fee

Transfer is exempt from fee per GC § 27388.1(a)(2):

recorded concurrently “in connection with” transfer subject to DTT

recorded concurrently “in connection with” a transfer of residential dwelling to an owner-occupier

Transfer is exempt from fee per GC 27388.1(a)(1):

Fee cap of $225.00 reached

Not related to real property

1._________________________________________________ (“claimant”) claims a mechanics lien for the labor or services or equipment or materials described in paragraph 2, furnished for a work of improvement on that certain real property located in the County of ____________________________, State of California, and more particularly described as (address and/or sufficient description):______________________________________________________________

_______________________________________________________________________________________________

2.After deducting all just credits and offsets, the sum of _______________________, together with interest at the rate of ________ per annum from __________________ (date when balance became due), is due claimant for the following labor, materials, services, or equipment: _______________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

3.Claimant furnished the labor or services or equipment or materials, at the request of _____________________

_________________________________________________________________ (employer, person, or entity to whom labor, materials, services, or equipment were furnished).

4.The name and address of the owner or reputed owner of the real property is/are: _______________________

_______________________________________________________________________________________________

5.Claimant's address is: _______________________________________________________________________

Dated __________________________________ _____________________________________________

Claimant

_____________________________________________

Signature of Claimant or Authorized Agent

_____________________________________________

Print Name and Title

VERIFICATION

I, _______________________________________, am the: __________________________________ (“owner,”

“president,” “authorized agent,” “partner,” etc.) of claimant on the foregoing claim of mechanics lien, and am authorized to make this verification for and on its behalf. I have read the foregoing claim of mechanics lien and know the contents of the claim of mechanics lien to be true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated __________________________________ _____________________________________________

Signature

NOTICE OF MECHANICS LIEN CLAIM

ATTENTION!

Upon the recording of the enclosed MECHANICS LIEN with the county recorder's office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. That legal action must be filed with the court no later than 90 days after the date the mechanics lien is recorded.

The party identified in the enclosed mechanics lien may have provided labor or materials for improvements to your property and may not have been paid for these items. You are receiving this notice because it is a required step in filing a mechanics lien foreclosure action against your property. The foreclosure action will seek to pay for unpaid labor, materials, or improvements provided to your property. This may affect your ability to borrow against, refinance, or sell the property until the mechanics lien is release.

BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MORE INFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS' STATE LICENSE BOARD WEB SITE AT www.cslb.ca.gov.

PROOF OF SERVICE AFFIDAVIT

California Civil Code section 8416

Failure to serve the Mechanic’s Lien and Notice of Mechanic’s Lien on the owner, or alternatively if the owner cannot be served on the lender or direct contractor, shall cause the Mechanic’s Lien to be unenforceable as a matter of law (Civil Code Section 8024(d)). Service of the Mechanic’s Lien and Notice of Mechanic’s Lien must be by (1) registered mail, (2) certified mail, or (3) first-class mail evidenced by a certificate of mailing, postage prepaid, and to a residence or business address for the owner, lender or contractor. Further, a Proof of Service Affidavit (below) must be completed and signed by the person serving the Mechanic’s Lien and Notice of Mechanic’s Lien. This page should be completed (either one of the sections below) and recorded with the County Recorder along with the Mechanic’s Lien and Notice of Mechanic’s Lien.

PROOF OF SERVICE AFFIDAVIT (ON OWNER)

California Civil Code section 8416(a)(7) and (c)(1)

I, ______________________________ (name), declare that I served a copy of this Mechanic’s Lien and

Notice of Mechanic’s Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the owner(s) or reputed owner(s) of the property:

Company/Person Served: ________________________________________________________________

Title or capacity of person served (if appropriate): ______________________________________________

Service address: ________________________________________________________________________

Said service address is the owner’s residence, place of business, or address showed by the building permit on file with the permitting authority for the work.

Executed on ___________, 20_____ (date) at __________________ (city), _____________________

(county), California.

By: _____________________________________

(Signature of person making service)

ALTERNATE PROOF OF SERVICE AFFIDAVIT (ON LENDER OR DIRECT CONTRACTOR)

California Civil Code Section 8416(a)(7) and (c)(2)

I, ____________________________________________________ (name), declare that the owner or

reputed owner cannot be served with a copy of this Mechanic’s Lien and Notice of Mechanic’s Lien by registered mail, certified mail, or first-class mail. Pursuant to California civil Code section 8416(c )(2), I served a copy of this Mechanic’s Lien and Notice of Mechanic’s Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the construction lender or direct contractor as follows:

Company/Person Served: ________________________________________________________________

Title or capacity of person served (if appropriate): ______________________________________________

Service address: ________________________________________________________________________

Executed on ___________, 20_____ (date) at __________________ (city), _____________________

(county), California.

By: _____________________________________

(Signature of person making service)