Full question:
A lumber yard had filed a mechanics lien against me for materials used to build a small deck costing $3400.00. This work was done May 2007 by a sub-contractor that was unlicensed . The lumber yard is claiming this was not paid. I recall receiving a preliminary notice by certified mail and asked the worker what this was he said this was a standard procedure when he purchased the materials at the lumber yard, little did I know that he used his boss' credit to purchase this material. He claims he paid his boss by cash, and his boss said that the money that he paid him was used towards a personal debt he had with him and said he did not pay money towards the material and said it was his own problem. We paid this worker by checks. The mechanics lien was filed on March 8, 2008 yet the work was finished on June 27, 2007. What should I do next; can I prove that this is an invalid lien because the lumber yard took longer than 90 days to file?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: California
Answer:
To address the mechanics lien, follow these steps:
1. Send a written request to the lien claimant via certified mail. Keep a copy of your letter and the certification as proof.
2. In your letter, include:
- Any deviations from the statutory lien requirements you've identified.
- A request for the claimant to remove the lien.
- A reminder that if the lien isn't removed and you need an attorney, the court may award you attorney fees up to $2,000.
3. Send the request to the claimant's last known address. Sometimes, a letter can resolve the issue without litigation.
4. Keep all your documents and paperwork. You may need to show the court that the lien claimant is unable or unwilling to release the lien or cannot be found with reasonable diligence.
If the lien claimant does not remove the lien and the time to foreclose has expired, you can petition the court to release your property from the lien. Under California law, a mechanics lien is null and void if an action to foreclose is not commenced within 90 days after recording the lien (Cal. Civ. Code § 3144).
In your case, since the lien was filed on March 8, 2008, and the work was completed on June 27, 2007, it appears that the lien may be invalid due to the time limits. You should consider pursuing the steps outlined above to contest the lien.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.