How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7457
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
63726236
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

Mechanics lien

Customer Question

mechanics lien
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended.
What was your question re: mechanic's liens?
Customer: replied 1 year ago.
I am the renter of a restaurant here in California. I received a mechanics lien addressed to the owner. I think it was work that I did to his property in late Feb 2015. This is the first I've heard and do not recognize any names in the complaint. As well the signed contractors contract was paid in full and dated as such 03-11-15. The lien is from the cement truck company i believe
Expert:  LegalGems replied 1 year ago.
A contractor that provides labor, service, material or equipment to a property can file a mechanic's lien so the property serves as security for the debt. The contractor must serve the owner a preliminary 20 day notice within 20 days of the date they first provided service/materials. If 20-days has passed, the Preliminary 20-Day Notice can still be served, but any future lien will only apply to unpaid work that occurred 20 days before service of the Preliminary 20-Day Notice and to unpaid work that occurred after the date of service. Civil code 3097 and 3114 govern this. After the lien is filed, the contractor can ask the court to enter judgment and order foreclosure, with the debt being paid from the sale proceeds.
If a dispute later arises, within 90 days of completing the project, the contractor must either record a Mechanics' Lien at the office of the County Recorder where the construction project is located (Civil Code 3115, 3116.) or serve a timely stop notice on the construction lender.
As long as the owner has “knowledge” the work of improvement has begun, a mechanic’s lien may be properly recorded
An owner is deemed to have “knowledge” that a “contractor” has begun “work” as soon as there is the slightest amount of visible work at a site.
The owner will be liable for the lien unless a “Notice of Non-Responsibility" is properly posted and recorded and the owner is not the contracting party or otherwise deemed to have “caused” the improvement work.
If the Mechanic's Lien amount is paid in full, there is an obligation as the party filing a Notice and Claim of Lien ("Mechanic's Lien") to issue a Release of Lien that can then be recorded at the County Recorder's Office.
Any proof of payment, along with a letter requesting the Release of Lien, should be sent, preferably by an attorney, so that the matter can be resolved.
http://www.lacba.org/showpage.cfm?pageid=7034
Customer: replied 1 year ago.
I show the completion and payment for this portion 2/26/15 paid in full to contractor. Do they have to prove with in 90 days when recording lien?
Expert:  LegalGems replied 1 year ago.
They need to file within 90 days:
8416. (a) A claim of mechanics lien shall be a written statement,
signed and verified by the claimant, containing all of the following:
(1) A statement of the claimant's demand after deducting all just
credits and offsets.
(2) The name of the owner or reputed owner, if known.
(3) A general statement of the kind of work furnished by the
claimant.
(4) The name of the person by whom the claimant was employed or to
whom the claimant furnished work.
(5) A description of the site sufficient for identification.
(6) The claimant's address.
(7) A proof of service affidavit completed and signed by the
person serving a copy of the claim of mechanics lien pursuant to
subdivision (c). The affidavit shall show the date, place, and manner
of service, and facts showing that the service was made in
accordance with this section. The affidavit shall show the name and
address of the owner or reputed owner upon whom the copy of the claim
of mechanics lien was served pursuant to paragraphs (1) or (2) of
subdivision (c), and the title or capacity in which the person or
entity was served.
(8) The following statement, printed in at least 10-point boldface
type. The letters of the last sentence shall be printed in uppercase
type, excepting the Internet Web site address of the Contractors'
State License Board, which shall be printed in lowercase type:
"NOTICE OF
MECHANICS LIEN
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
a sale of your
property in order
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
released.
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."
(b) A claim of mechanics lien in otherwise proper form, verified
and containing the information required in subdivision (a), shall be
accepted by the recorder for recording and shall be deemed duly
recorded without acknowledgment.
(c) A copy of the claim of mechanics lien, which includes the
Notice of Mechanics Lien required by paragraph (8) of subdivision
(a), shall be served on the owner or reputed owner. Service shall be
made as follows:
(1) For an owner or reputed owner to be notified who resides in or
outside this state, by registered mail, certified mail, or
first-class mail, evidenced by a certificate of mailing, postage
prepaid, addressed to the owner or reputed owner at the owner's or
reputed owner's residence or place of business address or at the
address shown by the building permit on file with the authority
issuing a building permit for the work, or as otherwise provided in
Section 8174.
(2) If the owner or reputed owner cannot be served by this method,
then the copy of the claim of mechanics lien may be given by
registered mail, certified mail, or first-class mail, evidenced by a
certificate of mailing, postage prepaid, addressed to the
construction lender or to the original contractor.
(d) Service of the copy of the claim of mechanics lien by
registered mail, certified mail, or first-class mail, evidenced by a
certificate of mailing, postage prepaid, is complete at the time of
the deposit of that first-class, certified, or registered mail.
(e) Failure to serve the copy of the claim of mechanics lien as
prescribed by this section, including the Notice of Mechanics Lien
required by paragraph (8) of subdivision (a), shall cause the claim
of mechanics lien to be unenforceable as a matter of law.
An original contractor must record the claim of lien (the mechanic's lien) after the original contractor
completes his contract and before the expiration of (a) 90 days after the completion of the work of
improvement, or (b) 60 days after recordation of a notice of completion or notice of cessation. In other
words, the recordation of a notice of completion or notice of cessation shortens the time period for the
original contractor to file a mechanic's lien.
California Civil Code § 3115
http://www.clta.org/documents/education_mechanics_lien.pdf
Customer: replied 1 year ago.
All you are doing is pasting from a google search of California "mechanics lien" All the information you are providing is a "copy and paste" of what I have already read and looked up on google.
Customer: replied 1 year ago.
goodbye
Expert:  LegalGems replied 1 year ago.
That was actually a statute that I copied and pasted, as most customers prefer to see the actual law (versus paraphrasing) - and the statute has specified language that must be included (cannot be paraphrased in order to be effective) and I did include the link where the information came from for the convenience of the customer.
The statute is also accessible via the state government site: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=08001-09000&file=8410-8424
Since mechanic's liens are governed by the Civil Code, referencing the statute is the most effective way to provide the information (as opposed to case law research which requires summarizing the holding of the case).
Customer: replied 1 year ago.
So i would request to talk to and expert not a copy and paster
Expert:  LegalGems replied 1 year ago.
I'm sorry ; I don't participate in the site's telephone service; most of the attorneys do not.
I can assist you on this forum via the Q&A. I'm unclear on the concern- I can paraphrase the statute if you like but generally people prefer to see the actual statute, with a link to the source.
Here is the source referenced above - it is a 14 page document and if you have any questions on it please let me know. It summarizes the civil code and case law.http://www.clta.org/documents/education_mechanics_lien.pdf

Related Consumer Protection Law Questions