When can a mechanic's lien be enforced in court?

In California, a mechanic’s lien can be enforced in court after the lien has been perfected. To perfect the lien, the person who provided labor or materials to a construction project must properly serve notice to the property owner, record the lien document with the local county recorder, and then file a lawsuit within 90 days of recording the lien document. Once the mechanic’s lien has been perfected, the lienholder can file a lawsuit in court to enforce it. This lawsuit, called a “lis pendens” action, is typically put before a judge, who will decide whether the lien is valid. If the court finds that the lien is valid, it will then order the property owner to reimburse the lienholder for the amount due. If the property owner fails to pay the lienholder the amount due by the court’s order, the court can order the property be sold in order to pay off the lienholder. This process is referred to as “foreclosure” and can be used to enforce the mechanic’s lien if the property owner fails to comply with the court’s order. In summary, a mechanic’s lien can be enforced in court after it has been perfected by properly serving notice to the property owner, recording the lien document, and filing a lis pendens action within 90 days of recording the lien document. If the property owner fails to comply with the court’s order, the court can order the property to be sold to pay off the lien.

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When can a mechanic's lien be enforced in court?

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