Arizona Pre-lien Notice Before a Mechanic’s Lien
Once you have prepared your Arizona 20-day Preliminary Notice, the question is how is it to be served? It is clear it does not have to be personally served, which means mail service would be sufficient. But exactly how is it to be mailed?
There is some uncertainty in the wording of the mechanic’s lien statute. It states that the Notice may be served: “by first class mail with certificate of mailing, registered or certified mail, addressed to the person . . . “ Does this mean you have to serve by two mailings, including first class mail with a certificate of mailing and certified? This would be unlikely he has no other state requires such double service.
The better interpretation is that you have the option of either certified mail or first class mail with a certificate of mailing. One of the benefits of the latter form of service is that no one can refuse it because the mail is delivered even though the recipient does not sign for it. The post office has a special first-class mail receipt of mailing that you can use.
Arizona mechanic’s lien law also requires that after you serve the Notice, you get a “Proof of Service”. This comes either from a signature of acknowledgment by the addressee (the person you sent the Notice to) at the bottom of the Pre-Lien form or a separate Proof of Service that you sign showing that you did the proper mailing. National lien Law has such a form. Service by this form of mailing is considered complete as of the date of mailing.
The Notice of course must be in writing. State law pre-determines its content and you must include certain mandatory language.
You are required to serve the general contractor, owner, and construction lender, if any. If you have any other questions as to perfecting your Arizona mechanic’s lien, you can call us for a free consultation.