Is it okay to send photocopies of the preliminary notice with my signature photocopied?
The preliminary notice form itself can be photocopied but the signature should be original or "wet" on every copy
QUESTION: I have always used the 4-part (carbon-type) preliminary notice forms so it's my first time using this type. Do I print out and put an ink signature on EACH one (I need 4) -OR- can I print one copy, sign it and then make 3 copies of it (signature won't be original on other 3.)
Melissa, Sanborn Pipeline
ANSWER: Each should have an original (ink) signature. A photocopy will probably be legally effective, but my advice is to always use an original signature.
A defendant who claims that a photocopy is ineffective misses the point--it's the fact that they're being made aware of the info on the form that matters.
But a photocopied document might give a GC or a property owner an argument that the prelim isn't valid, and we always want to prevent the other side from having an argument.
Thank you to Dave Barnier for the above response. :) Mr. Barnier is a practicing litigation attorney in San Diego CA and can be reached at 619.682.4842.
The information in this article is based upon California law and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business.
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