Legal Question in Construction Law in California

Re: I served a lien now I have a certified letter to collect

First, I recall doing some research several years back on the legal effect of neglecting to pick up a certified letter. It was in the context of an attempt to deliver a notice, not a service of process, however. The law seems to be that knowing and willful failure to sign for, accept and read a registered or certified letter does not prevent the letter from being effective notice of the things contained therein, if the recipienthad reason to know the contents, i.e., it was a draft notice, a tax lien notice, etc. and the addressee had reason to suspect he was the target of one of those.

In the case of a service of process, certified mail alone is not one of the authorized means for service on an individual within the state of California. However, after personal service has been attempted without success, service may be accomplished by leaving the papers at the person's residence and then mailing a copy to the same address. Certified mail is not required, although some attorneys might use it.

It is also possible to serve an individual by mail if an acknowlegment form and postage-paid return envelope is sent along with the summons and complaint. Such service is effective if and when the defendant signs and returns the acknowledgment. Failure to cooperate by returning the form subjects the person being served to liability for plaintiff's subsequent costs to obtain service by other means, such as hiring a process server to deliver the papers.

All in all, there is little to be gained and a lot to be lost by ignoring certified mail. My advice is to collect and read your letter; you'll almost certainly be better off knowing who's coming calling, and about what!

Re: I served a lien now I have a certified letter to collect

I agree with Bryan Whipple on most points. In particular, it's better to know what is out there than not. It is, however, possible to be served in small claims court by a certified letter from the clerk of the court. This is the only time I'm aware of when you can be served with a lawsuit by certified mail.

If you have a nightmare client, you need to just proceed against him. Since you're only owed $2000, go right to small claims court. It's simple, fast and cheap. You're allowed to foreclose a mechanics lien in small claims court although I've heard of times when the judges in small claims court didn't know this.

You can also try to register a complaint with the CSLB. Although the CSLB was formed to protect consumers, for the most part I've found that the investigators and arbitrators are pretty fair.