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You can remove a mechanics lien only by one of two ways: The contractor records a release of mechanics lien; or. You file a petition with the court to release the mechanics lien.
To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.
But in general, if youre a property owner: Anyone who works on your construction project or supplies building materials or equipment can file a lien if they dont get paid. It doesnt matter if they have a contract with you, or if they have ever met you.
After you file A California mechanics lien is only valid for 90 days. Unless it is extended, you will need to enforce your lien claim within this deadline.
If you decide to file a petition with the court to remove a mechanics lien, it is important to know that the entire process, from the filing of the petition to the hearing, takes up to thirty days or more depending on the courts calendar.
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People also ask

Yes. California law requires almost everyone to send preliminary notice prior to recording a mechanics lien, giving stop payment notice, or making a claim against a payment bond.
The homeowner may petition the courts under Civil Code Section 8480 in California to remove the mechanics lien when it is not timely issued or recorded. A lawsuit is usually necessary to file it against the owner by the contractor or subcontractor.
If you have not been paid, a California mechanics lien must be enforced through a lien foreclosure action within 90 days from when the Claim of Lien has been filed. If no action is taken within 90 days, then the lien claim will expire and no longer be enforceable.
Yes. California law requires almost everyone to send preliminary notice prior to recording a mechanics lien, giving stop payment notice, or making a claim against a payment bond.
Filing and Serving the Mechanics Lien According to California mechanics lien law, you have 90 days from the last day you performed work or provided goods on the project to file your mechanics lien.

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