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Sample California mechanics lien release demand letter

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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 …

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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  • 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 ____________________________ To subscribe to our FREE California and Federal 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 the details of five sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx 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. 1
  • 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 2
  • 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. 3