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Are there implications for filing a lien for invoices that are not past due? It is clear the customer won't pay.

California

The property is in California. Customer will not pay. Are there implications for filing a lien for invoices that are not past due? Can I lien be amended to include additional invoices? Can the last furnishing date be revised after lien has been filed?

3 replies

Jul 14, 2022

Civil code section 8414 says "A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times: (a) After the claimant ceases to provide work." So, if you are still working, the lien is likely premature. If you have ceased to provide work, yes, you can amend the lien, but the amendment does not extend your deadline by which to file suit to foreclose on the lien. If time permits, you can withdraw a lien and record a new lien.

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Jul 19, 2022

What is the process of correcting a premature filing? Do I need to resubmit the filing prior to the owning filing a notice of completion or cessation?

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Jul 19, 2022

If you still have time to record a lien, you can release the lien that was premature and record another lien.

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