Legal Question in Construction Law in California

20 day preliminary lien

A contactor put a lien on my property but I have his signed release form. How do I get it removed and can I sue him or something for a fraudulent lien?


Asked on 8/19/08, 4:27 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: 20 day preliminary lien

IF he has improperly or falsely liened your property, you can file suit to have it removed, and seek damages. Feel free to contact me if serious about doing so.

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Answered on 8/22/08, 2:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 20 day preliminary lien

A 20-day preliminary notice is not the same as a lien. If there is a mechanic's lien, it isn't necessarily fraudulent just because you've now paid. Mechanic's liens quickly expire of their own accord without the contractor or owner having to do anything to remove them, if suit is not initiated. You should have a friendly discussion with your contractor, without threat of suit or chip on shoulder. Check to see if a lien is really on file at the county recorder, and if so, for how much and when it was recorded. I wouldn't worry about this unless the contractor's explanation is unsatisfactory or a suit is served on you to enforce a lien.

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Answered on 8/19/08, 7:54 pm


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