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California Mechanics Lien Guide

The Practical Guide to Filing a California Mechanics Lien

There are many different ways mechanics liens can work to get you paid, but the most important thing
to remember is that they work. By giving the claimant an interest in the improved property itself, the
mechanics lien empowers construction participants to get what they’ve earned and deserve.

If you have decided to file a California mechanics lien, this step-by-step guide will tell you how. Keep in
mind there may be preliminary notice and timing requirements that must be met prior to filing a valid
California mechanics lien, and that it can be complicated and time-consuming to file a mechanics lien
by yourself. But, once you’re ready to file, just follow the steps below to start the lien process.

Mechanics liens are powerful tools


to prompt payment for companies
that have not been paid on time –
or at all – on a construction project.

Make Sure Your Mechanics Lien Has the Required


Information
California has specific requirements that govern the information that must be included on the lien
form. The failure to include the required information, including a specific statement in bold type, can
result in an invalid lien. A California mechanics lien does not need to be notarized, but it must be a
written statement, signed and verified by the claimant, containing all of the following:

• A statement of the claimant’s demand after deducting all just credits and offsets.
• The name of the owner.
• A general statement of the kind of work furnished by the claimant.
• The name of the person by whom the claimant was employed or to whom the claimant furnished work.
• A description of the site sufficient for identification.

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California Mechanics Lien Guide
The Practical Guide to Filing a California Mechanics Lien

• The claimant’s address.


• A proof of service affidavit completed and signed by the person serving a copy of the claim of mechanics lien
pursuant to subdivision (c). The affidavit shall show the date, place, and manner of service, and facts showing
that the service was made in accordance with this section. The affidavit shall show the name and address of the
person or persons upon whom the copy of the claim of mechanics lien was served, and, if appropriate, the title
or capacity in which he or she was served.
• A statutorily mandated statement, printed in at least 10-point boldface type. The letters of the last sentence
shall be printed in uppercase type, excepting the Internet Web site address of the Contractors’ State License
Board, which shall be printed in lowercase type. This statement is included in the lien form template attached
this guide.

Note that the 7th bullet point above is a proof of service affidavit. This is important. A California
mechanics lien must be served on the property owner, and the affidavit of service must be filed with
the recorder along with the lien itself. Service may be accomplished by sending the lien by registered
mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed
to the owner or reputed owner at the owner’s or reputed owner’s residence or place of business
address or at the address shown by the building permit on file with the authority issuing a building
permit for the work. Service is complete at the time of mailing. Complete an affidavit of service noting
the method by which you mailed the lien to the property owner (certified mail), it is a good idea to
include the tracking number. Print out a copy to send to owner with the lien, and another copy to
include with the lien for filing.

How to File a California Mechanics Lien


Now it’s time to get the lien (and completed affidavit of service) filed.

• Sign and verify at least 2 copies of the mechanics lien.


• Send one copy to the property owner (and to whomever else you want to notify of the lien, e.g. Construction
Lender if any, GC, etc.).
• Your last copy is for filing – California requires that mechanics liens be recorded in the county in which the
property subject to the lien is located. This means the lien must be delivered to the county recorder in the
county where the project took place, along with the appropriate filing fee.
• The lien can be delivered to the appropriate county for recording either by mail/FedEx; via a courier; or by
walking it in yourself for filing.
• Note than in some California counties (Los Angeles county in particular) the backlog to get something recorded
if it comes in by mail can be exceptionally long, so it is usually best practice to have the lien delivered by courier
or to bring it in yourself.
• The filing fees can be determined by calling the county recorder, or asking in person if you bring the lien for
filing in person. Generally, the fees are set at one amount for the first page with an additional, smaller, amount
for each additional page.

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California Mechanics Lien Guide
The Practical Guide to Filing a California Mechanics Lien

• Once the document is recorded, a stamped copy of the recorded lien can be obtained for your records.
• Note that if you mailed your lien to the county for recording, or sent it via a courier, you will need to a) include
the proper fees for recording with the document; and b) include a self-addressed stamped envelope with return
instructions if you wish to receive a copy of the recorded lien for your records.

Congratulations! As long as you served the document prior to submitting the document for recording,
once you have a stamped copy of the recorded lien in your possession you have an official recorded
mechanics lien. This is a powerful tool to get paid – but remember that just because a lien is recorded
it doesn’t mean that it cannot be challenged. A lien can be recorded even if it is not valid for some
reason, and, whether or not it is valid, a property owner (or their attorney) may make a claim that it is
improper and needs to be removed.

Finally, a California mechanics lien only stays effective for 90 days from the date on which it was
recorded – after that date the lien expires. Technically, lien extensions are available in California,
but the extension process is difficult to manage since it requires an overly cumbersome amount
of coordination and agreement between the owner and the lien claimant as well as the filing and
recording of an additional document, “The Notice of Credit,” (which also must be signed by both the
owner and the lien claimant). Because of this added burden, lien extensions in California are very rare.

Recording a mechanics lien can be a powerful tool in making sure you are paid what you earned. The
How-To guide above can empower you to take that step when and if it becomes necessary, and make
sure you are treated fairly.

Want to take a shortcut?


Now you have everything you need file a mechanics lien in California. But there’s a better way. Click the
green button to have zlien to file your mechanics lien for you. We’re experts.

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Instrument Prepared By
And Recording Requested By:

! ! ! ! ! Space Above For Recorderʼs Use

Statement of Mechanics Lien


California Civil Code Section 8416

Claimant: (Name and Address) Property Liened (Property):


MIHAELA HRISTODOR
State of California
26255 Iris Ave. Unit A
County:
Moreno Valley, CA 92555
Riverside

Property Owner: (Name and Address)

Legal Description:
Randall Mayfield
26255 Iris Ave Unit A
Moreno Valley Ca 92555

NOTICE IS HEREBY GIVEN that Claimant claims a lien for labor, service, equipment or
materials under Section 8416 et seq. of the Civil Code of the State of California, upon
the Property, above-described, and upon every estate or interest in such structures,
improvements and premises held by any party holding any estate therein. The labor,
service, equipment or materials were furnished for the construction of those certain
buildings, improvements, or structures, now upon that certain parcel of land above-
described as the Property.

© 2012 Express Lien, Inc. dba Zlien


Services: The lien is claimed Amount Due: Amount due Hiring Party: Name and
for the following labor, after deducting all just credits Address of person or entity to
services, equipment or and offsets: whom Claimant furnished
materials: labor, services, equipment
$ and/or materials:

I, the undersigned, as a disclosed and Name of Claimant: (Company Name)


authorized agent of the Claimant, state that I
have read the foregoing Claim of Lien, that I
have been provided information regarding
the facts and contents therein, and that
based thereupon, I declare under penalty
of perjury under the laws of the State of
Signed:
California that the foregoing is true and
correct.

Signed: _________________________________
Claimant
Print Name:
_________________________________ Date:
Claimant
Print Name:
Date:

© 2012 Express Lien, Inc. dba Zlien


NOTICE OF MECHANICS LIEN
ATTENTION!

Upon the recording of the enclosed MECHANICʼS LIEN with the county recorderʼs office
of the county where the property is located, your property is subject to the filing of a
legal action seeking a court-ordered foreclosure sale of the real property on which the
lien has been recorded.  That legal action must be filed with the court no later than 90
days after the date the Mechanicʼs Lien is recorded.

The party identified in the Mechanicʼs Lien may have provided labor or materials for
improvements to your property and may not have been paid for these items.  You are
receiving this notice because it is a required step in filing a Mechanicʼs Lien foreclosure
action against your property.  The foreclosure action will seek a sale of your property in
order to pay for unpaid labor, materials, or improvements provided to your property. 
This may affect your ability to borrow against, refinance, or sell the property until the
Mechanicʼs Lien is released.

BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK
WITH YOUR CONTRACTOR IMMEDIATELY OR CONTACT AN ATTORNEY, OR FOR
MORE INFORMATION ON MECHANICʼS LIENS GO TO THE CONTRACTORSʼ
STATE LICENSE BOARD WEBSITE AT www.cslb.ca.gov.

© 2012 Express Lien, Inc. dba Zlien


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