State Of California Mechanics' Lien Claim Form Page 3

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PROOF OF SERVICE AFFIDAVIT
California Civil Code section 8416
Failure to serve the Mechanic’s Lien and Notice of Mechanic’s Lien on the owner, or alternatively if
the owner cannot be served on the lender or direct contractor, shall cause the Mechanic’s Lien to be
unenforceable as a matter of law (Civil Code Section 8024(d)). Service of the Mechanic’s Lien and Notice of
Mechanic’s Lien must be by (1) registered mail, (2) certified mail, or (3) first-class mail evidenced by a
certificate of mailing, postage prepaid, and to a residence or business address for the owner, lender or
contractor. Further, a Proof of Service Affidavit (below) must be completed and signed by the person serving
the Mechanic’s Lien and Notice of Mechanic’s Lien. This page should be completed (either one of the
sections below) and recorded with the County Recorder along with the Mechanic’s Lien and Notice of
Mechanic’s Lien.
PROOF OF SERVICE AFFIDAVIT (ON OWNER)
California Civil Code section 8416(a)(7) and (c)(1)
I, ______________________________ (name), declare that I served a copy of this Mechanic’s Lien and
Notice of Mechanic’s Lien by registered mail, certified mail, or first-class mail evidenced by a certificate of
mailing, postage prepaid, addressed as follows to the owner(s) or reputed owner(s) of the property:
Company/Person Served: ________________________________________________________________
Title or capacity of person served (if appropriate): ______________________________________________
Service address: ________________________________________________________________________
Said service address is the owner’s residence, place of business, or address showed by the building permit
on file with the permitting authority for the work.
Executed on ___________, 20_____ (date) at __________________ (city), _____________________
(county), California.
By: _____________________________________
(Signature of person making service)
ALTERNATE PROOF OF SERVICE AFFIDAVIT (ON LENDER OR DIRECT CONTRACTOR)
California Civil Code Section 8416(a)(7) and (c)(2)
I, ____________________________________________________ (name), declare that the owner or
reputed owner cannot be served with a copy of this Mechanic’s Lien and Notice of Mechanic’s Lien by
registered mail, certified mail, or first-class mail. Pursuant to California civil Code section 8416(c )(2), I
served a copy of this Mechanic’s Lien and Notice of Mechanic’s Lien by registered mail, certified mail, or
first-class mail evidenced by a certificate of mailing, postage prepaid, addressed as follows to the
construction lender or direct contractor as follows:
Company/Person Served: ________________________________________________________________
Title or capacity of person served (if appropriate): ______________________________________________
Service address: ________________________________________________________________________
Executed on ___________, 20_____ (date) at __________________ (city), _____________________
(county), California.
By: _____________________________________
(Signature of person making service)
6/6/16

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