Legal Question in Construction Law in California

We have filed a mechanic's lien against an owner who has not paid my husband for construction work provided. He is a general contractor. The total owed is $2380.

We sent a certified letter to the owners. The final status of the letter shows "refused" The prior day is was "accepted" and then the next day they gave it back to the mailman. Can the lien still be enforced if there is no proof that they received it? Of course, we have proof that we sent it. Thank you so much. Debbie


Asked on 9/09/09, 1:08 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Funny, I just answered a question from a sub who had sent his 20-day prelim by certified mail RRR and got the original back "refused" instead of the green card.

In his case, the law is pretty clear that his service of his notice is complete when it was deposited in the mails, and the returned unclaimed envelope is part of his proof of service. See Civil Code sections 3097(f)(1) and (3), and 3097.1(a).

I'd say, without having researched it anew, that the same concepts would apply to your situation. In general, persons cannot avoid being served by refusing or failing to open and read their mail, especially in situations where they have cause to know what the mail is probably about.

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Answered on 9/09/09, 2:19 pm


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