Am I able to file today

2 months ago

Client signed for the preliminary notice on 8/15/19 and work was completed on 6/24/19 can I file the lien with the recorder today? Have been trying to obtain payment with the hope of not filing and it hasn’t worked

CEO Levelset

Generally speaking, you can file a mechanics lien in a single day if you can get it to the county recorder office quick enough!  So, let’s break that down in this answer, as well as address the timing of your preliminary notice.

Getting a California lien filed TODAY

It’s not advisable to send your California mechanics lien by regular or overnight mail if you want it filed today.  That’s pretty obvious as to why.  If you want to file it today, you’ll need to get it to the county recorder office today. This means you’ll have to hand-walk it in. Here are some things to help you with that:

  1. County Recorder Offices in California of where to file your lien
  2. What you’ll need to bring in to the county recorder office to get your lien filed

If you have a few days and a little more breathing room, then you’ll be fine submitting your lien claim for filing through Levelset, or some other method.

However, if the work was completed on June 24, 2019, you may not have any time to file your lien.  I went into a Levelset account and calculated your deadline to file a California mechanics lien using the June 24th date. Here is what the system indicated…your lien claim would have been due 7 days ago.

California Mechanics Lien Deadline Calculated

 

Preliminary Notice Sent On Time?

Another red flag from your question is the timing of your California preliminary notice.  These preliminary notices are due within 20 days of when you start work.  However, you indicate that you completed work on 6/24, but the preliminary notice was “signed for” on 8/15/19.

Note that it doesn’t matter really when it was “signed for,” only when it was sent, but nevertheless, looks like the time difference is going to be pretty far off so any few days you pick up with the send v. sign date isn’t likely to matter.

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