How to File a Mechanics Lien in California

A mechanics lien is a powerful legal claim against a property that can force payment even when a contractor, GC, or property owner refuses to pay. Here is the complete step-by-step process under California Civil Code §8000 et seq.

Step 1: Confirm You Served a Preliminary Notice

Subcontractors and suppliers must have served a 20-day preliminary notice on the property owner, general contractor, and construction lender within 20 days of first furnishing labor or materials. If you did not, your lien rights are limited to the 20 days before notice was actually served.

Direct contractors (with a contract directly with the property owner) are exempt from the preliminary notice requirement.

Step 2: Determine Your Filing Deadline

The deadline depends on whether a Notice of Completion or Notice of Cessation was recorded:

• No Notice of Completion recorded: You have 90 days from the date of actual completion of the project (or your last day of work, for subcontractors).
• Notice of Completion recorded: Direct contractors have 60 days from recording. Subcontractors and suppliers have only 30 days from recording.
• Notice of Cessation recorded: Same deadlines as Notice of Completion apply.

Step 3: Prepare the Mechanics Lien Form

California law specifies required contents for a valid mechanics lien under Civil Code §8416. The lien must include:

• A statement of your demand (the unpaid amount) after deducting credits and offsets
• The name of the owner or reputed owner of the property
• A general description of the work furnished or materials supplied
• A description of the site sufficient to identify it (legal description or street address)
• The name of the person by whom the claimant was employed or to whom materials were furnished
• A verification (sworn statement) signed under penalty of perjury

California has a mandatory statutory form for mechanics liens that must be used. An attorney can prepare this accurately; errors in the lien form can render it defective and unenforceable.

Step 4: Record the Lien with the County Recorder

The lien must be recorded with the county recorder's office in the county where the property is located — not just mailed. Recording typically costs $15–$25 per page. You will receive a recorded copy with a document number and recording date. Keep this original.

Step 5: Serve the Property Owner

Within 20 days after recording the lien, you must serve a copy on the property owner by (a) personal delivery, (b) first-class certified mail, or (c) first-class registered mail. Proof of service must be noted on the lien itself or in a separate document.

Failure to serve the owner within 20 days of recording does not void the lien, but it does give the owner additional grounds to challenge it.

Step 6: Pursue Foreclosure or Negotiate Settlement

Filing the lien is not the end — it is the beginning. You now have 90 days from the date of recording to either:

• File a lawsuit to foreclose the lien in superior court, or
• Enter into a written agreement with the owner to extend the foreclosure period

If you take neither action within 90 days, the lien expires automatically. The lien foreclosure process is a civil lawsuit that, if successful, results in a court order that can force the sale of the property to satisfy your unpaid debt.

What Comes Next

Frequently Asked Questions