According to California law, when a person or business supplies labor or services to a property owner and they fail to receive payment, they can record a Mechanic’s Lien and Stop Notice, however, these must be done timely. The professionals at the LAW OFFICE OF MITCHELL B. HANNAH may be able to help if you are a victim of non-payment of service by securing the monies due you by attaching the real property you improved.
Important things Claimants should know:
- If the claimant records a proper Mechanic’s Lien, and serves any necessary preliminary notices, they will have a security interest in the property. If the claimant prevails at trial, the court may order the property where the work was performed to put up for sale to pay off the lien claimant.
- A proper and timely served and affected Stop Notice initiates a lien against any undisbursed monies being held by the owner or lender.
- The claimant has a right to recover monies from the surety who issues the bond if a proper claim has been served, and the statutory requirements have been met.
Lien laws are only available to certain parties. For a claimant to qualify, they must:
- Perform services or labor materials.
- The services, labor or materials must be used on the project.
- The owner or representative must have authorized services, unless a preliminary lien notice has been served per California law.
Stop Notices and Mechanic’s Liens are time sensitive.
- For a claimant with no direct contract with an owner, preliminary notices (for those who do not have a direct contract with a property owner), Mechanic’s Liens, Stop Notices and bond claims are time sensitive.
If you find yourself in the position where you have provided services to a business or person by improving their property, and having a hard time receiving payment, call the seasoned professionals at the LAW OFFICE OF MITCHELL B. HANNAH. They will give you the guidance you need to win your claim.