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Did I file this Mechanics lien wrong?

CaliforniaMechanics Lien

Hello, I didn't/dont know what i was or am doing. This was my first lien. I sent the owner who refuses to pay a notice of collection. I waited 10 business days then I printed out a lien (premade on a site) I filled it out (i thought was preliminary) I was told i had to file within 20 days so i thought and this was the 19th day, so same day went to recorder's office and recorded the lien (once again thinking its preliminary, but wanted to get this one recorded as a prelim). Upon talking to county clerk she said no my paperwork was the full lien paperwork and i can go ahead and record. i told her i just sent it out with no stamp, and wanted the prelim recorded, she said that is fine as long as it was sent out that she can go ahead and put the other one through as a lien, and i didnt have to record the prelim, but i can record the regular mechanics lien, i was super confused. I then went back to post office and sent a copy of that one that had the "stamp". Am i doomed for sending out at same time? do you record prelims and the lady was wrong? Can my notice of collection count at all? and if not since a preliminary was sent by 19th day , if not valid the lien since too soon, can i go pay to get it released then wait and repay to get it recorded again in another few days? if so will it be valid? Thank you (We are a family ran HVAC company. A owner who is also a Realtor is refusing to pay saying we sold her product we didn't need which we are fully confident is 100% not the truth and willing to go farther. She the homeowner rents out this property. It needed a new Evap coil and we have the old one here and pictures, she approved the job, we did it then after told us she believes that was not the problem and it was just a pump and we overcharged her and refuses to pay. Unfortunately it WAS the coil which is 30+ years old and the pump and we gave her a free pump as well. Total due before lien charges and collection charges was 2200.00)

1 reply

Sep 26, 2020

You have 90 days to file the lien. I am not certain about the difference in what you are terming a preliminary vs. a final lien. The paperwork just has to be properly prepared under the mechanic's lien statute, recorded, and a copy sent by certified mail to the Owner.

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