Who signs a proof service affidavit when serving a lien notice?
Full Question:
On the form preliminary 20 days notice who have to sign on proof service affidavit?
03/06/2009 |
Category: Contractors ยป Construction... |
State: California |
#15473
Answer:
In CA, a preliminary 20-day notice for a construction lien requires a proof of service to be completed by the person making the service, such as the subcontractor.
The following are CA statutes:
3097.1. Proof that the preliminary 20-day notice required by
Section 3097 was served in accordance with subdivision (f) of Section
3097 shall be made as follows:
(a) If served by mail, by the proof of service affidavit described
in subdivision (c) of this section accompanied either by the return
receipt of certified or registered mail, or by a photocopy of the
record of delivery and receipt maintained by the post office, showing
the date of delivery and to whom delivered, or, in the event of
nondelivery, by the returned envelope itself.
(b) If served by personally delivering the notice to the person to
be notified, or by leaving it at his address or place of business
with some person in charge, by the proof of service affidavit
described in subdivision (c).
(c) A "proof of service affidavit" is an affidavit of the person
making the service, showing the time, place and manner of service and
facts showing that such service was made in accordance with Section
3097. Such affidavit shall show the name and address of the person
upon whom a copy of the preliminary 20-day notice was served, and, if
appropriate, the title or capacity in which he was served.
