Legal Question in Construction Law in California

Itemization of Mechanics Lien

What is the legal procedure called to get from the contractor an itemized list of what they are alleging is owed on a mechanics lien? They have just ignored my requests. They filed suit to recover. They won't tell me what items I allegedly owe for. I think they are afraid I will make a motion to have them forfeit their right because the amount they put down was not true even though I do not know how to do that.

Thanks!


Asked on 3/06/03, 7:52 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Itemization of Mechanics Lien

you can request an "accounting" from either the contractors and/or the court if it comes down to that. the accounting would be a detailed explanation and rationalization of monies allegedly owed to them by you. if you would like further assistance, feel free to email me with the specifics of your case.

Read more
Answered on 3/06/03, 8:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Itemization of Mechanics Lien

Well, to start off, you have to be concerned about answering and defending the suit--you say it was 'filed,' but the important thing is whether and when it was served on you. You have a limited time to answer a summons and complaint. Failure to do so could result in a judgment or foreclosure proceeding.

A filed mechanic's lien is called a claim of lien, and must identify the claimant, the location or legal description of the property subject to the lien, and the amount claimed.

A suit to foreclose on a mechanic's lien would normally also involve the filing of a lis pendens (notice of pendency of action) against the property.

As far as I know, there is no obligation to itemize the claim of lien. Some claimants will do so, in the hope of settling the dispute or making a stonger case in court. However, your attorney can obtain all sorts of additional information from and about the claimant through the discovery process, which a defendant can begin as soon as served, even before filing his answer.

You need legal representation to avoid having your property encumbered with a lis pendens, defauly judgment and/or foreclosure proceeding. I suggest you present your situation to a real estate or construction law attorney in your county.

Read more
Answered on 3/06/03, 8:16 pm


Related Questions & Answers

More Construction Law questions and answers in California