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How to file a mechanics lien in california Form: What You Should Know

For a successful claim, the contractor, subcontractor, or materials supplier must show that it is either at fault on a workman's comp or, if paying on time, at fault on the contract, or is at fault for one of the three or more violations of the contract that gave rise to the mechanics lien claim. If you have questions about mechanics lien claim procedure in California, a competent attorney or attorney at the local firm of Wold & Brown would be happy to help you. Cal. CIV. Code § 519, et seq. (2009). A claim against a contractor or subcontractor is deemed to exist upon the filing of a copy of a written and dated mechanical, material, or warranty deficiency notice, if available. No claim may be made based on the fact of any such deficiency unless the deficient work was done by a subcontractor and the subcontractor agrees in writing to the fact the work is deficient. . The notice must contain: the amount of the claim, or the name of the contractor and the date. Cal. CIV. Code § 522(c). The claim must be in writing. There are certain requirements in addition to these requirements: A mechanic's lien claim must be in writing, in all parts of the claim, or upon a copy of such a claim or statement made in the presence of two (2), three (3), or four (4) persons The claim must state (in writing) the name, address, and telephone number of the claimant, The claim must be based on (referred to in writing) in the claim or a representation by which it is based, The claim must contain an acknowledgment that the lien may only be enforced pursuant to law. How to File a Mechanics Liens In California has developed a mechanics lien form in order for anyone with knowledge of the problem to file a claim with the county recorder. You can download the form at the link above, and if you have any trouble filling out the form please contact your county recorder, and you may file your claim online. Please be aware if you do not have the ability to download the California Mechanics Lien form at this time, this type of claim may be filed, however, only in person at a county recorder's office.

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