§ 1203.61 Enforcement of lien; dismissal; cancellation; notice of credit, extension of lien or time to enforce lien
§ 1203.61. Enforcement of lien; dismissal; cancellation; notice of credit, extension of lien or time to enforce lien
Section operative until July 1, 2012. See, also, section operative July 1, 2012.
(a) Any lien provided for by this chapter shall be enforced in the same manner as provided in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code. Such action shall be filed within 180 days from the time of the recording of the lien provided for herein. If a credit be given and notice of the fact and terms of such credit be filed in the office of the county recorder subsequent to the filing of such lien and prior to the expiration of said 180-day period, then such lien continues in force until 180 days after the expiration of such credit, but no lien continues in force by reason of any agreement to give credit for a longer time than one year from the time the work is completed. If the proceedings to enforce the lien be not prosecuted to trial within two years after the commencement thereof, the court may in its discretion dismiss the same for want of prosecution, and in all cases the dismissal of such action (unless it be expressly stated that the same is without prejudice) or a judgment rendered therein that no lien exists shall be equivalent to the cancellation and removal from the record of such lien.
(b) As against any purchaser or encumbrancer for value and in good faith whose rights are acquired subsequent to the expiration of the 180-day period following the filing of such lien, no giving of credit or extension of the lien or time to enforce the same shall be effective unless evidenced by a notice or agreement filed for record in the office of the county recorder prior to the acquisition of the rights of such purchaser or encumbrancer.