Thursday, February 7, 2013

Why You Should File A California Mechanics Lien


California Mechanics Lien | Easy Law Inc.

If you have supplied labor or materials to a construction project in California, and have not been paid, the state law may be on your side. You could be entitled to file a California mechanics lien, which is a legal hold on the property that was being constructed. It is enforced through a foreclosure sale, that is, court proceedings that are similar to a mortgage foreclosure.


There are a number of reasons why filing a lien may be in your interest. It can prevent the property from being sold before you are paid, and can enable you to recover legal costs and attorney's fees. It also means you are able to sue the property owner for payment, even if your contract was not with the owner -- for instance, if it was the tenant who hired you and then refused to pay.

Before filing, you have to check that the material or labor you provided is covered by the lien. It will only qualify if used directly for the permanent improvement of the property. For instance, a temporary security fence erected round the site, and then removed, would not qualify, even if it was part of the contract. The contract must be in writing, and the work must be completed.

If you qualify, you must serve a 20-day preliminary notice, and then complete a California State lien form. You have to serve the form on the owner, and file the lien at the same time. You then have 90 days to foreclose by filing a lawsuit.

A California mechanics lien is the most effective way for you to recover unpaid debts. However, remember that a single mistake can render your lien invalid. It is highly advisable to hire an attorney to make sure you get it right.

For more information on a California mechanics lien, read more here!

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