The "constructor"- a dumpster rental company that my former tenant used to remove all her personal stuff (old tires, refrigerators, mattresses, etc) when she moved out, filed a mechanics lien on my residential property. The balance due was $180, but on the mechanics lien, it requested for $4200, including "legal process fee" of $1500 for each transition?? I already made my former tenant paid her back the owed $180, does the constructor have the legal rights to ask for more money on the lien? My property is in San Mateo county, CA.
Unless you received a preliminary notice from the contractor within 20 days after the work being performed, the lien is invalid on those grounds. A preliminary notice is a document that the contractor doing work for a tenant has to provide the owner in order to put the owner on notice that the contractor may have lien rights if the tenant does not pay. If you haven't received a preliminary notice, and it has been more than 20 days since the work was performed, I would recommend writing the contractor telling them to release the lien because it is invalid because you never received a preliminary notice.
Additionally, a mechanics lien may only validly seek the amount owed under contract or the reasonable value of the work performed (less prior amounts paid) which ever is less. The lien may also include interest at the rate of 7 pecent per year, however, it is improper to include legal fees in a mechanics lien, and you should include that in your letter.
If the contractor still refuses to release the lien after being paid the principal amount, I would recomend you retain a qualified attorney to assist you in removing the lien.
Also keep in mind that the lien is only valid for 90 days, and if the contractor does not sue to foreclose on the lien within 90 days of recording, you may petition the court to release the lien. There is a notice required before filing the petition, and I recommend you engage an attorney if you are contemplating filing a petition to release the lien.