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Hue to vacate a Frivolous Mechanics Lien

CaliforniaMechanics Lien

A hauling company filed a mechanics lien on house but they never did any work in my property. They are claiming that by calling them out to do the work, that implies sone kind of contract and they are angry that I did not allow them to do the work. They are mad because a rival business got the work and they did not. I’ve tried to reason with them but they said they are going to court to explain that they have recorded messages of me asking them to come to the property and that is their proof that I owe them money. I never promised to pay them any dollar amount . They never even saw the work that needed to be done because they never entered the house. I was unable to meet with them due to unforeseen circumstances, they immediately became annoyed and decided to deman that I pay them first 2k and then 3500. I have no idea how they arrived at this dollar amount. It seems that they are determined to go to court.

2 replies

Oct 27, 2020

If the hauling company did not perform any work on the property, they are not entitled to record a mechanic's lien. Most likely, they will not file a lawsuit to enforce the lien and you can demand that they remove the lien at the expiration of 90 days from recording. If they fail to do so, you can file a petition to remove the lien per California Civil Code §§ 8480-8488. If they do file a lawsuit to enforce the lien, you can file a motion to expunge the lien in the context of the lawsuit.

They might attempt to take you to small claims based on a breach on an oral contract. But the burden will be on them to demonstrate an enforceable agreement between the parties, which seems unlikely based on your description of the facts. Most likely, they are simply trying to bully you into paying them money they did not earn. 

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Oct 28, 2020

In order to have a valid mech lien on your project, supplier or subcontractor has to be prove that the work was done, material delivered, or significant preparation of material that cannot be re-used for any other purpose.

If the result of the conversation between you and the sub was limited to asking the sub to come bid the project, then the sub would be hard pressed to put together enough substance to warrant his mech lien.

The sub's mech lien is defensible but will take some strategizing with a qualified attorney to convince a miffed sub to release their lien.

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