This sample preliminary notice for California is served under Civil Code sections 8200, et seq. The preliminary notice is required to be served before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond pursuant to Civil Code section 8200. The sample includes a proof of service by personal service or certified or registered mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
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Sample Preliminary Notice For California
This sample preliminary notice for California is served under Civil Code sections 8200, et seq. The preliminary notice is required to be served before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond pursuant to Civil Code section 8200. The sample includes a proof of service by personal service or certified or registered mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
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CALIFORNIA PRELIMINARY NOTICE-CALIFORNIA CIVIL CODE 8200, et seq.
NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the
person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. PLEASE TAKE NOTICE that LIST NAME OF PERSON OR COMPANY SERVING PRELIMINARY NOTICE, whose address is at LIST ADDRESS has furnished or will furnish labor, service, equipment or material to the work of improvement located at LIST STREET ADDRESS OF REAL PROPERTY as follows: LIST IN DETAIL ALL LABOR, SERVICES, EQUIPMENT OR MATERIAL PROVIDED. ____________________________________________________________________________ ______Signature Title Date The name and address of the person or business whom contracted for the labor, services, equipment or services described above is LIST NAME(S) OF PERSONS WHO CONTRACTED FOR THE WORK PERFORMED. This preliminary notice is being served on the following persons and businesses as the indicated addresses: MODIFY THE SECTIONS BELOW TO SUIT YOUR PARTICULAR SITUATION. (__) Owner LIST NAME OF OWNER 1
LIST ADDRESS OF OWNER
(__) Original Contractor LIST NAME OF ORIGINAL CONTRACTOR LIST ADDRESS OF ORIGINAL CONTRACTOR (__) Construction Lender LIST NAME OF CONSTRUCTION LENDER LIST ADDRESS OF CONSTRUCTION LENDER (__) Insurer LIST NAME OF INSURER LIST ADDRESS OF INSURER (__) Subcontractor LIST NAME OF SUBCONTRACTOR LIST ADDRESS OF SUBCONTRACTOR Estimated Price of the labor, services, equipment or materials described above is $_______________________.
PROOF OF SERVICE OF PRELIMINARY NOTICE
2
I, _________________________________________________ declare that I served copies of
the above Preliminary Notice By personally delivering copies to LIST NAME(S) AND TITLE(S) OF PERSON SERVED at LIST ADDRESS OR ADDRESSES WHERE SERVICE WAS PERFORMED on _____________________________, at ___.M. By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on ____________________, 20___. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ________________________________________________________________ Signed at _____________________________________, on _________________, 20____. ATTACH THE SIGNED RETURN RECEIPTS OF CERTIFIED OR REGISTERED MAIL IF APPROPRIATE.
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