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Is a lien being filed valid

California

Hi - A company is filing for a mechanics lien on our home. We are disputing $800 of a $9000 bill for cleanup serivce after a fire in california. I paid the $8200. I never received a 20 day preliminary notice and the only thing I signed was a service authorization form. It was a simple 1 pager , no mechanics lien warning. Is the lien going to be valid ? With no prelim. notice ? I saw there’s an exception that a prelim. Notice is not needed if there’s a direct contractural relationship with the owner. Does that apply in my case ?

2 replies

Jan 30, 2021

Generally, yes, if you as the property owner have a direct contractual relationship with the lien claimant, then the preliminary notice exception applies. The contract can be written, oral or implied based on the underlying facts of the transaction.  

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Jan 30, 2021
If there is a written contract but no mention about liens and lien process in it, is that something to attack the lien and get it removed ? Or was I expected to know liens and lien laws and they are possible in any home work ?
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