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WE had a new roof put on our house. At the completion of the job, we paid the roofer in full. We have since recieved a notice of mechanic's lein against our property from a roofing materials company that apparently supplied the materials for our roof. They say that the roofer never paid them. I asked the supply company why they did not send me a 20 day notice of lein, and they say that they did but that they are not required to prove that they sent it. I have now received a letter from them stating that we have until Oct. 8th to settle this with them or they will pursue judgement against our property. I have contacted the roofer many times and they always tell me that they will take care of the dept in a couple of days...but they don't. What do I do?
State/Country relating to Question: California Already Tried: I have tried calling the roofer to get him to pay off the lien. He does not.
First the 20 day notice is a requirement that must be met to have a mechanics lien. It will the contractor's burden to prove he provided that notice. What I suggest you do is bring your own lawsuit against both the contractor and the subcontractor. If the amount is small enough ($7,500 or less), you can bring it in Small Claims court. In that proceeding you can let the contractor and subcontractor fight it out over who is owed money. In addition, you can review CA Civil Code 3011 and the following sections which detail what has to be done to have a valid mechanics lien. They have to give the 20 day notice to you and they have to file their lien within strict timeframes. Here is a site that will give you some guidance. http://www.cslb.ca.gov/consumers/legalissuesforconsumers/mechanicslien/understandingmechanicsliens.aspIf this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
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30 years experience corporate, litigation, international