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out Mechanics Lien (page 3), with instructions" width="1700" height="2200" />A Mechanics’ Lien is an effective remedy for contractors, subcontractors, and others involved in the construction or improvement of real estate to resolve payment problems. If a service or materials provider records a Mechanics Lien against the real estate being improved, the owner cannot easily sell or refinance the property without first paying off the debt secured by the lien.
A Mechanics Lien motivates the owner to make sure the contractors get paid, and is a prerequisite to filing a foreclosure action on the property. A claimant is defined by California Civil Code (C.C.) § 8004, § 8024, §§ 8400-8404.
According to C.C. § 8410, for most claimants who furnish labor, service, equipment, or material to a private work of improvement, service of a 20-day preliminary notice is a prerequisite to the enforcement of both the Mechanics Lien and stop payment notice rights. Preliminary Notices must be served to the owner, general contractor, and lender. However, some claimants including some laborers, need not give prior notice per C.C. § 8200 (e). A customizable template may be downloaded from this link:
Mechanics Lien forms must be in a format that the Sacramento County Clerk/Recorder’s Office will accept. A customizable template may be downloaded from this link:
Sample filled-in forms with instructions are available at the end of this Guide.
Service of the claim of mechanics lien must be completed before the lien claim is recorded. C.C. §8416 (a)(7) requires the recorded original claim for mechanics lien to contain a signed affidavit of proof of service.
The Recorder’s Office charges a recording fee (currently $20/first page plus $3 for additional pages in Sacramento). Current fees are available on the County Clerk/Recorder’s website at Fee Schedule.
Sacramento County Recorder’s Office
3636 American River Drive, Ste. 110
Sacramento, CA 95864
(916) 874-6334
Contractors State License Board
California Mechanics Lien Law and Construction Industry Practice KFC229 .M31
California Mechanics Lien Law provides in-depth treatment of the basic law and procedure relating to works of improvement, from the standpoint of the contractor.
Electronic Access: On the Law Library’s computers, using Lexis Advance.
California Mechanics Liens and Related Construction Remedies KFC229 .C3
This CEB practice guide discusses Mechanics Liens, stop notices, and bond remedies.
Electronic Access: On the Law Library’s computers, using OnLaw.
Handling Mechanics Liens and Related Remedies (Private Works) KFC 229 .H86
This CEB Action Guide describes the rights and remedies, including Mechanics Liens, stop notices, and bonds of the principal parties involved in a private work of improvement.
Electronic Access: On the Law Library’s computers, using OnLaw.
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Note: Release of Mechanics Lien Page 2, notary acknowledgement, is not reproduced.
This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.
