Legal Question in Real Estate Law in California

We have mailed our certified RRR preliens to the customer and the general contractor. The customer signed the green. The general contractor pre-lien letter was returned unclaimed, even though they are there. How does this affect our lien rights?


Asked on 9/08/09, 7:30 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I assume we are talking about 20-day prelim notices under Civil Code section 3097.

CC 3097 says service is complete when the certified letter is entered into the U.S. Mails. See subsection (f)(3).

CC 3097.1(a) goes on to say that in the event of nondelivery, proof of service can be made via the returned envelope itself, rather than the green card. So, I think you are OK if you follow normal procedures using the returned/unclaimed envelope instead of the green card.

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Answered on 9/08/09, 8:50 pm


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