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If mechanics lien is invalid, do I need to file any paperwork and where?

Anonymous contractor

Jul 13, 2020

Hello, I found that my contractor's mechanics lien was invalid and almost 5 months had passed since the completion of work until they filed a mechanics lien claim. I sent him a letter outlining why it was invalid and to release the lien. Question: Do I need to file any paperwork in addition to the letter I sent? If so, where? And if so, is there a certain form?

1 reply

Anonymous contractor

Jul 14, 2020

You're already on the right track. First and foremost, a letter requesting the release of the claim should be sent to the claimant by registered or certified mail. It should include the mechanics lien information along with the grounds for the demand. Once this notice has been sent, the claimant will have 10 days to file a lien release with the county clerk's office where the claim was filed. If they fail to do so, homeowners can then petition the court for the removal under Cal. Civ. Code §8480 . The petition should include a certified copy of the lien (which can be obtained at the county clerk's office) along with the typical filings for a lawsuit. If successful, the court will issue an order for the release, and it will award you reasonable attorney fees. As this is a court proceeding, you should contact a local attorney to ensure all of the specific filing requirements and procedures are met. We have a few California construction attorneys in our Expert Center community that may be able to help. You can find their contact information here. Good luck!

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