This sample mechanics lien release demand letter for California is served pursuant to Civil Code section 8102 and is required to be served at least 10 days before any petition for release of mechanics lien is filed with the Court. The sample includes brief instructions and citations to the Civil Code regarding the strict requirements for service of the notice.
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Sample California mechanics lien release demand letter
1. Date: ______________________
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER:
XXXXXXXXX
Your Name
Any Street
Any Town, Any State 99999
Name of Lien Claimant
Any Street
Any Town, Any State 99999
1RE: DEMAND TO RELEASE MECHANICS LIEN AGAINST REAL
PROPERTY LOCATED AT ____________________________
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Dear __________________:
This letter shall serve as my official notice given under Civil Code Section 8102. I
hereby demand that you release the mechanics lien recorded by you in the Official
Records of the County of ____, Document Number _____________, a duly verified
Claim of Mechanics Lien against the real property of which I am the owner. That real
property is commonly known as LIST COMPLETE STREET ADDRESS HERE, and is
legally described as: LIST FULL LEGAL DESCRIPTION HERE AND INCLUDE
ASSESSOR’S PARCEL NUMBER.
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2. More than 90 days have passed since the date that you recorded the mechanics
lien against the real property listed above. Pursuant to Civil Code Section 8460(a) the
mechanics lien expires and is unenforceable.
It is my sincere intention to settle this matter in an amicable fashion without the
need for either party to incur needless legal fees or costs. Feel free to contact me at XXX-
XXX-XXXX should you require any additional information or wish to discuss this matter
in more detail. However I cannot ignore the mechanics lien or the fact that according to
California law the lien has expired and is now unenforceable.
Accordingly, if you do not file a release of mechanics lien within ten (10)
calendar days from the date that this notice is served on you I will have no choice
but to file a petition with the Court for an order releasing the mechanics lien and
ordering you to pay my reasonable attorney’s fees and costs involved in filing the
petition.
Thank you for your prompt attention to this matter.
Very truly yours,
______________________
Be sure to modify the wording in this letter for your
particular situation. Do NOT just use the wording in this
sample unless it definitely applies to you.
YOU MUST SERVE THE RESPONDENT WITH THIS
NOTICE REQUIRED BY CIVIL CODE SECTION 8102 AT
LEAST 10 CALENDAR DAYS BEFORE YOU FILE ANY
PETITION WITH THE COURT. YOU SHOULD SERVE
THE NOTICE BY PERSONAL SERVICE, REGISTERED
OR CERTIFIED MAI, EXPRESS MAIL OR OVERNIGHT
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3. DELIVERY USING FEDERAL EXPRESS OR OTHER
EXPRESS DELIVERY COMPANY. SEE CIVIL CODE
SECTIONS 8106 AND 8110. IF YOU DO NOT SERVE THE
NOTICE YOU MAY LOSE AT THE HEARING AND MAY
HAVE TO PAY FOR THE ATTORNEY’S FEES OF THE
RESPONDENT.
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