I requested an "Intent To Lien" letter be sent to our customer Brett Bader. What is my next step. I am not sure where I am at with this. I have never received any conformation that he has received this letter.
1 reply
Sep 20, 2019
A Notice of Intent to Lien is not a requirement in California but can still be a useful tool to induce payment before having to file a mechanics lien on the property. Assuming that the required 20-day preliminary notice was sent, then the contractor's mechanics lien rights have been secured. In that case, since payment is not forthcoming, it may be time to actually file a lien. The deadline to file a California mechanics lien depends on the role of the contractor and whether a Notice of Completion (or Cessation) has been filed. Click here to download a free CA Claim of Lien form.
For direct contractors, (those who contracted with the owner), the claim of lien must be filed either 90 days after the completion of the work, or within 60 days after the recording of the Notice of Completion; whichever is earlier.
As for all other parties, the claim of lien must be filed the 90 days before completion of the work, or within 30 days of the recording of the Notice of Completion; whichever is earlier. Determining when the work is actually completed can prove difficult at times. And filing too soon will be invalid. Here's some additional information to help determine When the Clock Begins to Tick for CA Mechanics Liens.
Once the claim of lien is filed in the county clerk's office where the property is located, a copy must be served on the property owner by registered or certified mail, with return receipt requested. Once a mechanics lien is actually filed on the property, owners will do all they can to get it removed before a foreclosure action is instituted.
To help you get started you should refer to our Step-by-Step Guide to File a California Mechanics Lien.
Good luck!