Sample California petition for release of mechanics lien

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This sample petition for release of mechanics lien for California is filed pursuant to Civil Code sections 8480, et seq. The petition is used when the 90 day period specified in Civil Code section 8460(a) has expired. Once more than 90 days have passed since the mechanics lien was recorded and the lien claimant has failed to file an action to enforce the lien it expires and is unenforceable. The sample on which this preview is based is 9 pages and include brief instructions with citations to the Civil Code regarding the strict requirements for service of the notice, a verification, notice of hearing, and proposed order.

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Sample California petition for release of mechanics lien

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Petitioner, Petitioner, vs. Any Respondent or Lien Claimant, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PETITION FOR RELEASE OF MECHANICS LIEN CIVIL CODE § 8480 et seq. To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view details of sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx - 1 -
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Comes now the Petitioner who complains and alleges as follows: 1. Petitioner is the owner or owner of an interest in the real property described in paragraph 3 and is an individual residing in the City of _________, County of __________, State of California. 2. Respondent (Lien Claimant) is, and at all times herein mentioned was a LIST HERE WHETHER RESPONDENT IS INDIVIDUAL, CORPORATION, ETC. doing business in the City of ___________, County of _______________, State of California. 3. The real property that is the subject of this Petition 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. 4. On or about LIST DATE HERE Lien Claimant caused to be recorded in the Official Records of the County of ____, Document Number _____________, a duly verified Claim of Mechanics Lien against the Property. A Certified Copy of the Recorded Claim of Mechanics Lien is attached hereto as Exhibit “A” and incorporated herein by reference. 5. No action has been filed by the Lien Claimant to foreclose the lien, no extension of credit has been recorded and the time period during which suit can be brought to foreclose the lien has expired. 6. Lien Claimant is unwilling to execute a release of the lien in that Petitioner requested in writing on or about LIST DATE REQUEST WAS SERVED that Lien Claimant execute a release of the lien but Lien Claimant refused. The notice was served LIST HERE HOW NOTICE WAS SERVED, PERSONALLY, BY EXPRESS MAIL, ETC. A true and correct copy of said request is attached hereto as Exhibit “B” and incorporated herein by reference. To download a FREE copy of the required notice visit: - 2 -
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 http://www.scribd.com/doc/214596578/Sample-Mechanics-Lien- Release-Demand-Letter-for-California YOU MUST SERVE THE RESPONDENT WITH THE NOTICE REQUIRED BY CIVIL CODE SECTION 8102 AT LEAST 10 CALENDAR DAYS BEFORE YOU FILE THIS PETITION WITH THE COURT. YOU SHOULD SERVE THE NOTICE BY PERSONAL SERVICE, REGISTERED OR CERTIFIED MAI, EXPRESS MAIL OR OVERNIGHT 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. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/214599998/Sample-Petition-for-Release-of- Mechanics-Lien-in-California - 3 -

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