Insurance & LiensQuestion 1532 of 1632

A preliminary notice must be given by which method to be effective?

a.Only by recording the notice with the county recorder
b.Only by publication in a general-circulation paper
c.By personal delivery, or by registered or certified mail
d.Only by email, with a read receipt kept by the sender

Explanation

Civil Code §8106 allows notice under this part by personal delivery, by mail in the manner §8110 prescribes, or by leaving the notice and mailing a copy as Code of Civil Procedure §415.20 provides; §8110 defines that mail as registered or certified mail, express mail, or overnight delivery by an express service carrier, and §8118 governs proof of notice. (a) confuses service with recording: the preliminary notice is served on the owner, direct contractor, and lender, while the claim of lien is what gets recorded. (b) is a substituted-service device this part does not use. (d) is outside the permitted means no matter what receipt the sender keeps.

Law Reference: Civ. Code §8106 / §8110 / §8118

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