San Benito County Preliminary Notice Form

Additional California and San Benito County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in San Benito County

Properties in any of these areas use San Benito County forms:

• Hollister
• Paicines
• San Juan Bautista
• Tres Pinos

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A claimant other than a laborer or direct contractor must serve preliminary notice under Civ. Code 8200 in order reserve the right to to claim a future mechanic's lien on a property. The notice must be served to the owner, direct contractor, and construction lender, if any.

California law requires notice to be served within 20 days of first furnishing labor, materials, services, or equipment in a work of improvement. A claimant may give late notice, but this limits the claimant's lien to only work performed within 20 days prior to giving the late notice, and work from that point forward (Civ. Code 8204).

Notices in relation to mechanic's liens must follow requirements under Civ. Code 8102, which include the names and addresses of the owners, direct contractor, and construction lender, if any, a description of the job site and job site address, and the name, address, and relationship to the parties of the claimant providing notice.

In addition to these requirements, the preliminary notice under Civ. Code 8200 requires a general description of the work provided by the potential claimant, an estimate of the total price of the work, and a verbatim notice to the property owner established by statute. If a preliminary notice is given by a subcontractor who has not paid all compensation due to a laborer, the notice also requires the name and address of all laborers to whom payment is due (Civ. Code 8202).

Pursuant to Civ. Code 8106, notice can be served by personal delivery, mail (as provided by Civ. Code 8110), or leaving a notice and mailing a copy according to the Code of Civil Procedure for service of summons in a civil action.

While this notice is typically not recorded, it may be filed with the county recorder for the limited purpose of facilitating the recorder's mailing of notices. When recorded, the preliminary notice does not constitute a recorded document and is maintained in a separate index. It does not function to provide constructive notice to third parties (Cal Civ. Code 8214).

Consult a lawyer with questions about preliminary notices, mechanic's lien laws, or any other issues related to real property in the State of California.

Important: Your property must be located in San Benito County to use these forms. Documents should be recorded at the office below.

This Preliminary Notice meets all recording requirements specific to San Benito County.

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The documents you receive here will meet, or exceed, the San Benito County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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