I was wondering if preliminary notices are still valid if the receipt is not stamped by post office?

1 week ago

I was wondering if preliminary notices are still valid if the receipt is not stamped by post office?

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Project Role: Subcontractor
Project Type: Commercial
Legal Associate Levelset
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Yes, the service of your California 20-day preliminary notice should be valid. Under Cal. Civ. Code §8116(b), “Notice under this part is complete and deemed to have been given at the following times: (b) If given by mail, when deposited in the mail or with an express service carrier in the manner provided in Section 10113 of the Code of Civil Procedure.”

So as long as the notice was sent by registered or certified mail, or overnight delivery by an express service carrier, once the notice was deposited in the mail, the service is considered complete. Be sure to hold on to that mailing receipt as proof.

For more on this see: Mailing Construction Notices: Is notice served when mailed or delivered?

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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