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How soon after sending a Notice of Intent to Foreclose should we file in small claims court. How do we serve for small c

CaliforniaCollections

Our company removed and installed a new roof on the customers home. We received a payment of half from him when the roofing materials were delivered. We finished the job Aug 30, 2019 and now he will not finish paying us. We have put a mechanics lien on the property and are now going to send him Notice of Intent to Foreclose. I can use any help you can give me. Thank you

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Jan 22, 2020

Enforcing a California mechanics lien

Unfortunately, California small claims courts do not have the jurisdiction to hear a mechanics lien enforcement action. The complaint will need to be filed in the Superior Court where the property is located and the lien was filed. The action must be commenced within 90 days of recording a California mechanics lien. Once an action to enforce has been filed, the complaint must be served on the interested parties within 60 days of filing. If you are filing on behalf of a company, then you won't be able to represent yourself. Also, you may still be able to represent yourself if filing as an individual, although that's a risky proposition. We highly recommend you contact a local construction attorney to help guide you through the process. We have a number of California attorneys in our Expert Center Community that may be able to assist you.

Extending the California enforcement deadline

If however, after sending a Notice of Intent to Foreclose, the party reaches out to set up a payment plan, the deadline to enforce a lien may be pushed back by agreeing to extend credit. If so, the enforcement action must be filed within 90 days after the expiration of the credit, but no longer than one year after completion of the project.

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