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You guys files the mechanics lien for me. What is the next step to recover my money owed?

CaliforniaMechanics Lien

What is the next step to recover my money? Can I sue in small claims court?

2 replies

Dec 12, 2020

You need to file a lawsuit to foreclose on the lien. Often the suit includes a claim for breach of contract. The time to sue to foreclose on the lien is 90 days from recording. The time to sue for breach of contract is longer. Small claims is not the place to try to foreclose on the lien. Depending on the amount in question, small claims might be the better place to pursue the breach of contract claim. It really depends on the specifics of your situation. 

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Dec 14, 2020
You can’t foreclose on a lien in Small Claims Court but you can waive your lien rights and sue them for the money they owe you in Small Claims Court. To foreclose a mechanic’s lien you need to file suit in Superior Court within 90 days of the lien recording date. If you don’t, your lien will expire. You can record another lien if the lien period hasn’t run yet to start the 90 day clock ticking again. I’m happy to answer any questions you have about this.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
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