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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 7§ 8488 Lien Release Hearing Rules

§ 8488 Lien Release Hearing Rules

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8488 Lien Release Hearing Rules

Key Takeaways

  • •If someone says you owe them money for work they did on your property, they have to prove they told you about the hearing the right way.
  • •You have to prove that the money they say you owe isn’t fair or correct.
  • •If the person who says you owe them money wins, the court will say your property is no longer tied to that debt.
  • •Whoever wins the case can make the other person pay for their lawyer.

Example

You hire someone to fix your roof, but they say you didn’t pay them enough. They put a lien on your house, meaning you can’t sell it until you pay them. You go to court to fight it.

The roofer has to show they told you about the court date the right way. You have to show that the amount they say you owe isn’t fair. If the roofer wins, the court will remove the lien from your house. If you win, the roofer might have to pay for your lawyer.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8488 Lien Release Hearing Rules

(a) At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed controverted by the claimant. The petitioner has the initial burden of producing evidence on those matters. The petitioner has the burden of proof as to the issue of compliance with the service and date for hearing requirements of this article. The claimant has the burden of proof as to the validity of the lien. (b) If judgment is in favor of the petitioner, the court shall order the property released from the claim of lien. (c) The prevailing party is entitled to reasonable attorney’s fees. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

petitioncompliance with the service and date for hearing requirementsvalidity of the lienprevailing partyreasonable attorney’s fees

Related Statutes

  • § 8484 Lien Release Petition Requirements
  • § 1917.070 Shared Appreciation Loan Disclosures
  • § 1917.071 Shared Appreciation Loan Disclosure
  • § 1917.072 Shared Appreciation Loan Disclosures
  • § 1917.073 Shared Appreciation Loan Disclosure

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8488.
View Official Source