LienOther Liens
Section § 3046
If you sell a property, you automatically have a lien on it until the buyer pays the full price, unless there's a different agreement in place besides just trusting the buyer to pay.
Section § 3047
If a person selling real estate gets a written agreement from the buyer to pay the full or partial price, and then sells this agreement to someone else, they lose their claim (or lien) on the property for the amount in the contract. However, if the seller transfers the contract to someone else to help settle debts and plans to return any leftover money to the seller, they don't lose their lien.
Section § 3048
This law states that certain liens are enforceable against anyone who claims something from the debtor, except if the person bought the property or has a claim on it in good faith and paid fairly for it.
Section § 3050
If you pay part of the price for a piece of real estate under a sales agreement and something goes wrong, you have a right to claim back the money you paid, even if you don't possess the property. This claim is called a special lien.
Section § 3051
If you provide a service involving someone else's personal property, like fixing or storing it, you can hold onto the item until you're paid for your services. This is called a 'lien.' It gives you the right to keep possession of the item until payment is settled. This applies to services like repairs, foundry work, plastic fabrication, laundry, dry cleaning, and veterinary care. Importantly, this rule does not apply to certain larger items, like vehicles, homes, or boats that require specific registrations.
Section § 3051
This law says that if you're claiming a lien (a legal right to keep someone's property until they pay a debt) for more than $300 for work or services, or more than $200 for safekeeping, and the request came from someone other than the property's legal owner, the lien isn't valid. That is, unless you gave the property's owner a written notice about this work or service beforehand, either in person or via a registered letter.
Section § 3051.5
This law explains that a shipping company, or carrier, can claim a lien on goods they are transporting if the person who shipped them hasn't paid the necessary fees. However, a lien won’t apply if goods are perishable or if the shipper hasn’t been warned that failure to pay could lead to this situation. Any lien must respect prior claims from others with a secured interest in the goods, and the carrier must follow specific procedures before selling the goods to satisfy the debt. If the goods are sold, the carrier must first pay off any secured debts, then their lien, and give any remaining money to the owner of the goods. If a mistake is made, the carrier could be liable for damages. Additionally, if the goods are delayed reaching their destination because of the lien, the shipper may owe the receiver damages.
Section § 3051.6
This law gives shipping carriers the right to hold cargo until they are paid any fines or costs due because the cargo's weight was incorrectly reported. However, this does not apply to perishable goods, items not shipped through intermodal methods, or items weighing less than 10,000 pounds. If a carrier wants to sell the cargo to recover owed money, they must wait at least 35 days and provide specific notices to the sender and receiver at least 10 days before the sale.
Section § 3052
If you are entitled to a lien under Section 3051 and haven't been paid after 10 days, you can sell the property through a public auction. You need to announce the sale 10-20 days in advance in a local newspaper or by posting notices if there's no newspaper. After the sale, the property's legal owner can redeem it within 20 days by paying off the lien, sale costs, and interest. Any leftover money from the sale goes to the legal owner.
Section § 3052
If you repair a watch, clock, or jewelry and the owner hasn't paid you for your work or materials, you have the right to keep the item until you get paid. This is called a 'lien.' If a year goes by and you still haven't been paid, you can sell the item, but you need to give the owner 30 days written notice first. Any money from the sale goes to cover what you're owed and your sale costs. If there's any money left over after that, it should go to the owner. If you don’t know the owner’s address, you can post the notice publicly. You also have the choice to give up the lien and instead take legal action to recover the money owed.
Section § 3052
Section § 3052.5
This law states that certain service businesses in California, when dealing with products that have become low in value, can bypass some requirements if they believe the item is worth less than what it costs to fix. To do this, they must follow specific guidelines to notify the owner, including written notice, and possibly even a public notice in a newspaper. Products that are unclaimed after these steps can be sold or disposed of after 90 days. The law specifies how the value of these items is calculated: products originally sold for under $200 must be over three years old, and those sold for over $200 must be over six years old. Service businesses use various records to determine the product's value and age.
NOTICE: YOUR PRODUCT HAS BEEN DETERMINED BY THIS SERVICE DEALER TO BE ONE WHICH WAS EITHER ORIGINALLY SOLD FOR LESS THAN $200 AND IS NOW OVER THREE YEARS OLD OR ONE WHICH WAS ORIGINALLY SOLD FOR MORE THAN $200 AND WHICH IS NOW OVER SIX YEARS OLD AND THE CHARGES FOR SERVICING YOUR PRODUCT WILL EXCEED ITS CURRENT VALUE. UNDER CALIFORNIA CIVIL CODE SECTION 3052.5(a) IF YOU OR YOUR AGENT FAIL TO CLAIM YOUR PRODUCT WITHIN 90 DAYS AFTER THE DEALER MAILS A COPY OF THIS NOTICE TO YOU IT MAY BE SOLD OR OTHERWISE DISPOSED OF BY HIM OR HER.
NOTICE: YOUR PRODUCT HAS BEEN DETERMINED BY THIS SERVICE DEALER TO BE ONE WHICH WAS EITHER ORIGINALLY SOLD FOR LESS THAN $200 AND IS NOW OVER THREE YEARS OLD OR ONE WHICH WAS ORIGINALLY SOLD FOR MORE THAN $200 AND WHICH IS NOW OVER SIX YEARS OLD AND THE CHARGES FOR SERVICING YOUR PRODUCT WILL EXCEED ITS CURRENT VALUE. UNDER CALIFORNIA CIVIL CODE SECTION 3052.5(a) IF YOU OR YOUR AGENT FAIL TO CLAIM YOUR PRODUCT WITHIN 90 DAYS AFTER THE DEALER MAILS A COPY OF THIS NOTICE TO YOU IT MAY BE SOLD OR OTHERWISE DISPOSED OF BY HIM OR HER.
PRINT YOUR NAME AND MAILING ADDRESS WHERE NOTICE MAY BE SENT TO YOU IN THE SPACE PROVIDED BELOW AND SIGN WHERE INDICATED TO SHOW THAT YOU HAVE READ THIS NOTICE.
IF YOU DO NOT AGREE WITH THE ABOVE DETERMINED VALUE OF YOUR ITEM, DO NOT SIGN THIS DOCUMENT.
Section § 3053
If a person, known as a factor, is given items to sell or manage, they have a right to keep those items until they are paid what they're owed for their work. This only applies if they still have the items in their possession.
Section § 3054
This law says that banks or savings and loan associations can hold onto a customer’s property they possess to secure payment for any money the customer owes them from transactions. However, if this involves deposit accounts, certain rules and procedures from other sections of the Financial Code must be followed.
Section § 3059
This law section says that the rules concerning mechanics' liens, which are claims against property for unpaid materials or services, can be found starting at Section 8400 in the same part of California law.
Section § 3060
This law defines what a 'mine' is and explains that anyone doing work or providing materials for a mine can claim a lien on the mine. This means such a person can demand payment owed for their labor or materials. The lien applies whether the work was requested by the mine's owner directly or through their representative, like a contractor. These rules for enforcing liens in mines align with other lien laws. The law became active on July 1, 2012.
Section § 3061
If you work with equipment like a barley crusher or threshing machine and are not paid for your labor, you have the right to a claim known as a lien against that equipment. This claim is valid for ten days after you finish your work, but you need to start a legal action within those ten days to enforce it. If you win the case, the equipment can be sold to pay you. If multiple people win cases against the same equipment, the sale proceeds will be shared fairly among them.
Section § 3061.5
This law allows workers who are employed to harvest or transport crops to claim a lien, which is a legal claim on the crops or their sale proceeds, if they are not paid for their work. The lien covers up to two weeks of wages and applies to crops grown by limited partnerships. This claim takes priority over other financial claims on the crops, but it cannot exceed the value of the work done or the agreed contract price. However, this does not apply if the farmer provides a bond to cover unpaid wages. Also, a buyer who purchases the crops in the normal course of business is not affected by these liens, even if they know about them.
Section § 3061.6
This law explains the rules about liens that people can claim for work done on crops or farm products. If someone does work and files a lien, it's valid for 45 days unless they take further legal action to keep it going. The Labor Commissioner may decide if the lien is necessary based on the financial situation of the crop owner. If a lien is needed, it can be filed on the crops or their proceeds, and those involved are notified. During a lawsuit to enforce the lien, claimants can have the crops or proceeds attached. Multiple people with liens can join the same lawsuit, and any proceeds are shared if the sale doesn't cover everyone. People can also sue separately for unpaid work without affecting the lien claims. If perishable goods have liens, they can be sold under court order, and marketing cooperatives may sometimes buy or take custody of crops under certain agreements.
Section § 3062
If you own or are responsible for a stallion, jack, or bull used for breeding, you have the right to claim what's called a lien. This means you can take a legal claim for the agreed price of mating services on any mare or cow they fertilized, as well as their offspring. However, if you've lied about the animal's breeding or family background, you lose this right.
Section § 3063
If you want to claim a lien for services provided to an animal like a mare or cow, you have 90 days to file a verified claim at the county recorder's office. This claim should detail the animal, the service date and location, the owner's name, and the amount owed. Once recorded, this claim alerts future buyers or lenders about your lien for one year.
Section § 3064
If you want to enforce a lien (a legal claim on assets) created under another specific rule, you can do so in any area where any part of the property involved is located. To proceed with this, you need to follow another set of rules, which will then give you access to certain legal remedies.
Section § 3064.1
If someone falsely advertises the family heritage (pedigree) of their cattle, horse, sheep, pig, or other domestic animal to make money from breeding, they can't legally demand payment for those breeding services.
Section § 3065
This law gives people a financial claim, called a lien, on logs or timber products if they've done work or provided equipment or animals to help process those logs into lumber or other goods. This claim ensures they get paid for their efforts, and it takes priority over other claims on the logs or timber, except for the landowner's right to a fair share if they weren't directly involved. The lien covers the reasonable value of their labor or equipment. If the owner or contractor has recorded the contract and posted a bond to cover all claims, the owner's liability is capped at the contract price, giving them some protection if a contractor fails to pay. This bond must be at least half of the contract price and is meant to ensure everyone gets paid for their work on the project.
Section § 3065
This law talks about liens, which are claims against property for payment of a debt, specifically related to work done on lumber or timber products. The lien lasts for 30 days after the work ends unless a suit is filed to enforce it. If a lawsuit is started, the lien stays active until the case is resolved. If the property is moved out of the county, the lien remains on what's left. Multiple people with liens can join together in one lawsuit. If the property sale doesn't cover all debts, the money from the sale is split evenly among the claimants. Even if someone has a lien, they can still go after the debt personally from the person who owes the money. Any money collected from personal lawsuits will reduce the lien amount.
Section § 3065
This law explains when the clock starts ticking for someone who wants to file a lawsuit to secure their claim on logs, lumber, or other timber products. Specifically, it says that the 'final date' is when they finished their last bit of work or service on these products. From that date, they have 30 days to start legal proceedings to enforce their claim.
Section § 3065
If a worker like a faller, bucker, or millhand hasn't been paid by their employer, the contractor, they can file a statement with the Labor Commissioner showing what's owed. If everything is correct, the Commissioner will tell the mill operator to hold back the unpaid wages from the contractor for 15 days. During this time, the workers or someone they choose can claim this money.
Section § 3066
This law explains what can happen to clothes or household items left at a cleaner or repair shop. If you've left your items there for over 90 days, the business can sell them to cover the service costs after telling you when and where they'll sell them. Items in storage for over 12 months without payment can also be sold, again with notification first. Businesses should send a letter to your registered address, or if they don't have it, post a notice in their shop. After selling, they can keep the money for the service and mailing costs, but have to give you any leftover money if you ask within 12 months. Also, businesses must display a notice explaining this policy.