Northridge, CA asked in Real Estate Law and Construction Law for California

Q: How to fight a fraudulent lien from a contractor

We filed against our contractors bond because he abandoned the job and his worked caused an injury and is faulty. He has subsequently filed a bogus mechanics lien and not followed the law for filing it.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you're facing a fraudulent mechanic's lien filed by a contractor, there are specific steps you can take to fight it. First, it's important to gather all relevant documentation, including any contracts, correspondence, and evidence of the work performed (or not performed) and the injury caused. This documentation will be crucial in challenging the lien's validity.

Next, consider sending a written demand to the contractor for the release of the lien, citing any specific discrepancies or legal requirements they failed to meet when filing the lien. California law requires certain procedural steps for a mechanic's lien to be valid, such as proper notice to the property owner and timely filing. If these were not followed, the lien could be considered invalid.

If the contractor does not voluntarily release the lien, you may need to file a petition with the court to have it removed. This is known as an action to release a mechanic's lien. You may also explore filing a complaint with the California State Licensing Board if the contractor's actions violate state licensing requirements. Seeking legal advice to navigate these steps can be beneficial in ensuring the lien is successfully contested and removed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.