The Mechanics Lien California form is a legal document contractors, subcontractors, or suppliers use to claim a lien against a property where they have provided labor or materials but have not been paid. This document, compliant with California Civil Code § 8416, requires detailed information such as the claimant’s and property owner’s names, description of the labor or materials provided, and the amount unpaid. The lien is used to secure payment, and it must be recorded at the county recorder’s office where the property is located.
The form includes sections for verification by the claimant and a mandatory proof of service affidavit to document the notification of the property owner about the lien. This form provides a legal pathway for claimants to ensure they are compensated for their contributions to a property, potentially leading to a foreclosure action against the property if the debt remains unpaid.
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As we have said, the form in California differs from such forms in other American states. The template is brief and contains three pages in total; you have to fill out two of them. See the required steps below.
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On the left-hand side at the top of the template, insert your name. Leave the right-hand side field blank because the recorder’s office’s personnel will use it for its notes.
Below your name, insert your name and address. After your form is recorded, it will be sent to the address you indicate in this field, so you have its copy.
After you have filled out the sections on the top, proceed to the claim itself. Add your name in the beginning.
You should specify where the property you worked at is located. Write its address, including city and county.
You have to write the sum in US dollars, including the interest rate, for the work you have done or the materials you have brought. Subtract the paid amount from the total amount and include the numbers here. Insert the date when you started to expect the money.
Specify why the defendant owes you by listing what they have not paid for: people’s work, materials, rented equipment, and so on.
Indicate the name of a person, employer, or company that asked you to render services or supply goods and materials. Below, insert the defendant’s name again and their address.
Then, you, as a claimant, have to insert your own address.
On the left, insert the date when you create the document. On the right, write your name and sign the paper. If you have an agent, let them sign the form for you. Add the signatory’s name below.
If you do not have an agent who represents you in this case, skip this step and proceed to the next page.
If you have an agent, give them the form so they can sign it and prove that they are your agent. Besides the signature, your agent should add their name and the current date.
The form’s second page is the notice every signatory should read before proceeding. Read and accept it. If something is unclear, consult your agent or lawyer to avoid problems in the future.
The third page is a mandatory Proof of Service add-on to your Mechanics Lien form. This paper proves that you have delivered the documents to a person or entity that owes you.
Firstly, choose who you are sending the form to the property’s owner or the contractor. Then, write your name, the defendant’s name, the title of a person who has received the document (if needed), address, date, city, and county. Then, sign the document below the provided data.