Legal Question in Civil Litigation in California

What is "perfecting a lien" mean? My company provided engineering services for a client. After the work was performed we filed a mechanics lien (in the state of California) due to nonpayment.


Asked on 9/09/10, 11:51 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

It means proper grounds, proper notices served, filing/recording the notices of lien, then enforcing it with a lawsuit. All a 'lien' does is prevent title transfer or financing without clearing the lien. If you want to try to collect now, you sue. If serious about doing so, feel free to contact me.

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Answered on 9/14/10, 1:08 pm

Actually, "perfecting" a lien means filing an action to enforce it within the time limits allowed. All the rest of the things Mr. Nelson mentions are necessary, but not technically part of "perfecting."

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Answered on 9/14/10, 1:30 pm
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. McCormick. Perfecting a lien means validating a security interest as against other creditors, usually by filing a statement with some public office, or taking possession of personal property. Your mechanic's lien was perfected when it was recorded.

If you want to foreclose on a mechanic's lien, you must file an action to foreclose within 90 days of the recorded mechanic's lien, which I think is what Mr. McCormick was trying to express. But this doesn't mean that the lien stops or starts being perfected.

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Answered on 9/14/10, 5:22 pm


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