Updated on October 15, 2026

Mechanics Lien on Your Property? A California Owner’s Checklist for Fighting Back

A contractor or supplier you never paid, or one you believe you paid in full, can record a mechanics lien that clouds your title and stalls a sale or refinance. California, however, holds lien claimants to strict deadlines and procedures under the Mechanics Lien Law, Civil Code sections 8400 through 8494. If a claimant misses a single step, you may be able to clear the lien. Use this checklist to find the claimant’s mistakes.

Step 1: Gather Your Documents

• ☐ Get a copy of the recorded claim of lien from the county recorder where the property is located.
• ☐ Gather the contract, change orders, invoices, proof of payments, any preliminary notice you received, and the envelope or proof of service that came with the lien.
• ☐ Write down four key dates: when work started, when the claimant last worked, when the project was completed, and when the claimant recorded the lien. Every deadline below runs from one of these dates.

Step 2: Check the Deadlines

☐ Did a subcontractor or supplier serve a preliminary notice?

Subcontractors, suppliers, and other claimants without a direct contract with the owner must serve a preliminary notice within 20 days after they first furnish labor or materials. (Civ. Code, §§ 8200, 8204.) Late service does not destroy the lien entirely, but it limits the lien to work furnished within 20 days before service and afterward. (Civ. Code, § 8204.) A direct contractor who contracted with the owner does not need to serve one.

☐ Did the claimant record the lien on time?

• Direct contractors must record after completing their contract and before the earlier of (a) 90 days after completion of the work of improvement or (b) 60 days after the owner records a notice of completion or cessation. (Civ. Code, § 8412.)
• All other claimants must record after they stop providing work and before the earlier of (a) 90 days after completion or (b) 30 days after the owner records a notice of completion or cessation. (Civ. Code, § 8414.)
• Tip: If you recorded a notice of completion, the claimant’s deadline shrank considerably.

☐ Did the claimant sue to foreclose within 90 days of recording?

The claimant must file an action to enforce the lien within 90 days after recording it. If it does not, “the claim of lien expires and is unenforceable.” (Civ. Code, § 8460, subd. (a).) The only exception applies when the claimant and owner agree to extend credit and record notice of that extension; the claimant must then sue within 90 days after the credit expires, and never later than one year after completion of the work. (Civ. Code, § 8460, subd. (b).)

☐ Did the claimant serve you properly?

The claimant must serve the owner with a copy of the claim of lien and the statutory “Notice of Mechanics Lien.” (Civ. Code, § 8416, subds. (a)(8), (c).) Failure to serve them as the statute requires makes the lien “unenforceable as a matter of law.” (Civ. Code, § 8416, subd. (e).)

Step 3: Scrutinize the Lien Itself

• ☐ Required contents. The claimant must sign and verify the lien and state its demand after deducting all just credits and offsets, the owner’s name, a general description of the work, the person who hired the claimant, a description of the site, and the claimant’s address. (Civ. Code, § 8416, subd. (a).)
• ☐ The lien cannot exceed the lesser of the reasonable value of the claimant’s work or the price the claimant agreed to. (Civ. Code, § 8430, subd. (a).) If the contract was rescinded, abandoned, or breached, the lien cannot exceed the reasonable value of the work actually provided. (Civ. Code, § 8430, subd. (c).)
• ☐ Unauthorized extras. The lien does not cover work outside the direct contract or its modifications if the claimant knew or should have known what the contract covered. (Civ. Code, § 8432.)
• ☐ A claimant who willfully includes labor, services, equipment, or materials not furnished for the property forfeits the entire lien. (Civ. Code, § 8422, subd. (c).)
• ☐ Other errors. Ordinary mistakes do not void a lien, but errors in the demand, credits, or work invalidate it if the claimant acted with intent to defraud, or if an innocent buyer later acquired the property without notice. (Civ. Code, § 8422, subds. (a), (b).)

Step 4: Confirm the Claimant Has Lien Rights at All

• ☐ Contractor’s license. An unlicensed contractor cannot sue for compensation for work that requires a license. (Bus. & Prof. Code, § 7031, subd. (a).) Check the Contractors State License Board website and confirm the license stayed active for the entire project.
• ☐ Did the claimant actually work on your property? Fraudulent liens happen. In one 2025 Santa Barbara County matter, the owner alleged that the lien claimant was a former tenant who was never hired and held no contractor’s license. (Kims Trust v. Lopez (Super. Ct. Santa Barbara County, Sept. 9, 2025, No. 25CV04738) [tentative ruling].)
• ☐ Other liens on the same work. A direct contractor or subcontractor may enforce its lien only for the amount due under its contract after deducting other claimants’ liens for work within that contract. (Civ. Code, § 8434.)

Step 5: Pick Your Remedy

Option A: Petition for a release order

If the claimant missed the 90-day deadline to sue, you may petition the court to release the property from the lien. (Civ. Code, § 8480, subd. (a).) An expired lien stays on title until the claimant releases it or a court orders it released.

• ☐ At least 10 days before filing, send the claimant a written demand to release the lien that states your grounds. (Civ. Code, § 8482.)
• ☐ File a verified petition alleging the recording date and recording details, attaching a certified copy of the lien, addressing any extension of credit, and stating that the claimant failed to release the lien after your demand. (Civ. Code, § 8483.)
• ☐ Serve the petition and notice of hearing at least 15 days before the hearing, either in the manner of a summons or by certified or registered mail, return receipt requested. (Civ. Code, § 8486.) Ordinary first-class mail is not enough.
• ☐ The court must decide the petition promptly, and the prevailing party recovers reasonable attorney’s fees. (Civ. Code, §§ 8486, 8488, subd. (c).) You bear the burden on procedural compliance; the claimant bears the burden on the lien’s validity. (Civ. Code, § 8488.)

Option B: Record a lien release bond

An owner who disputes a lien may record a bond issued by an admitted surety in 125 percent of the lien amount. (Civ. Code, § 8424, subds. (a), (b).) Recording the bond releases the property from the lien and from any foreclosure action, whether recorded before or after the claimant sues. (Civ. Code, § 8424, subd. (c).) You must give the claimant notice with a copy of the bond, and the claimant then has six months to sue on the bond. (Civ. Code, § 8424, subd. (d).) This is often the fastest route when a sale or refinance is pending.

Option C: Defend the foreclosure and assert your own claims

A release order does not bar the owner’s other causes of action, and it bars only the claimant’s action to enforce the lien, not its contract claims. (Civ. Code, § 8480, subd. (b).) If the claimant sued on time, raise every defect from Steps 2 through 4 as a defense.

Quick-Reference Deadline Table

Event	Deadline	Authority
Preliminary notice (non-direct claimants)	20 days after first furnishing work	Civ. Code, § 8204
Direct contractor records lien	Earlier of 90 days after completion or 60 days after notice of completion or cessation	Civ. Code, § 8412
Other claimants record lien	Earlier of 90 days after completion or 30 days after notice of completion or cessation	Civ. Code, § 8414
Claimant sues to foreclose	90 days after recording	Civ. Code, § 8460
Owner’s demand before release petition	At least 10 days before filing	Civ. Code, § 8482
Service of release petition	At least 15 days before hearing	Civ. Code, § 8486
Claimant sues on release bond	6 months after notice of bond	Civ. Code, § 8424, subd. (d)

The Bottom Line

A mechanics lien is only as strong as the claimant’s compliance with the statute. A late recording, a missed lawsuit deadline, defective service, or an inflated amount can each clear your title, and a successful release petition can shift your attorney’s fees to the claimant. The deadlines run fast, so contact an experienced real estate litigator promptly. Schorr Law, A Professional represents California property owners in mechanics lien disputes.

This article provides general information only and does not constitute legal advice. Reading it does not create an attorney-client relationship.

Frequently Asked Questions About California Mechanics Liens

 What is a mechanics lien on a property in California?

A mechanics lien is a legal claim recorded against real property by a qualifying contractor, subcontractor, supplier, or other claimant seeking payment for labor, services, equipment, or materials provided for a construction project. A recorded lien can create title issues and complicate a property sale or refinance. California law establishes specific requirements that claimants must satisfy to record and enforce a mechanics lien.

What is a mechanics lien release bond in California?

A mechanics lien release bond is a statutory mechanism that can release a property from a recorded mechanics lien. Under California Civil Code section 8424, a qualifying bond generally must be issued by an admitted surety insurer in an amount equal to 125% of the lien claim. Once the statutory requirements are satisfied, the property is released from the lien, and the claimant may pursue the bond instead, subject to applicable deadlines and procedures.

Can an unlicensed contractor file a mechanics lien in California?

Licensing issues can affect a contractor’s right to recover payment. California Business and Professions Code section 7031 generally prohibits an unlicensed contractor from bringing an action to recover compensation for work requiring a contractor’s license. Whether a particular claimant has valid lien rights depends on the applicable law, the work performed, and the claimant’s role in the project.

What should I do if someone records a mechanics lien against my property?

Obtain a copy of the recorded lien and gather your construction contract, invoices, payment records, preliminary notices, and relevant project dates. Review the claimant’s compliance with statutory notice, recording, service, and enforcement requirements. Because deadlines can be short and procedural errors can affect your options, consider consulting a California real estate litigation attorney promptly.

Do I need a real estate litigation attorney to dispute a mechanics lien?

Legal counsel can help evaluate whether a lien complies with California law, identify potential defenses, and determine the most appropriate procedure for challenging or releasing it. This can be particularly important when a property sale or refinance is pending, the lien amount is substantial, or the dispute involves multiple contractors or competing claims.

 

About the Author

Zachary D. Schorr is a California real estate litigation attorney and the founding attorney of Schorr Law. He represents clients in specific performance actions, partition lawsuits, quiet title disputes, and complex real estate litigation throughout Southern California.

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