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)