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Lien rights without a signed proposal

California

Hello, I have a customer that is approaching the deadline of being able to submit a mechanic's lien. He has said he will have payment for us on 6/2nd or 3rd, but our deadline is the 5/29th. I let him know of the deadline and how we have to have payment before this in order to avoid placing a lien and he replied with saying 'you don't have a signed contract, you cannot pursue any debt collection without a signed contract'. So, can we still protect our payment rights without a signed proposal/contract?

1 reply

May 28, 2020
He's wrong. It sounds like you did work under an oral contract and you can record a lien under an oral contract. Don't delay is my suggestion. Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
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