We are the contractor a tenant acted as the homeowner her payment was returned nsf filed a mechanic lien now taking the homeowner to small claims court trying to get payment for the improvement completed at his residence.
Aug 2, 2018
The requirements for a California notice of non responsibility are set forth by California Civil Code Sec. § 8444. This section specifies that "A notice of nonresponsibility is not effective unless, within 10 days after the person giving notice has knowledge of the work of improvement, the person both posts and records the notice."
Along wth the 10-day timing requirement, there are also additional requirements with which the owner must comply in order for the notice of non responsibility to be effective. The notice must 1) be signed and verified by the owner; 2) meet general CS notice requirements as set forth in Section 8100; 3) include all of the following information: (a) The nature of the owner’s title or interest. (b) The name of a purchaser under contract, if any, or lessee, if known. (c) A statement that the person giving the notice is not responsible for claims arising from the work of improvement.
Generally, a mechanics lien cannot be enforced through a small claims action - so to the extent that there is no cause of action directly against the homeowner other than through the enforcement of a mechanics lien, small claims court may not be the place to be. I hope you are successful in getting paid what you are owed.