LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 2§ 9404 Claimant Counteraffidavit Deadline

§ 9404 Claimant Counteraffidavit Deadline

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

§ 9404 Claimant Counteraffidavit Deadline

Key Takeaways

  • •If someone claims money from a public project, the government must send them a copy of the contractor's sworn statement.
  • •The government will also send a notice saying they will release the money unless the claimant sends their own sworn statement within 10 to 20 days.
  • •The notice must follow the rules for giving official notices.

Example

A company worked on a school project but didn't get paid. They file a claim for the money they are owed.

The school district must send the company a copy of the contractor's statement about the money and a notice. The notice says the school will pay the money unless the company sends their own statement within 10 to 20 days.

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

Official Source
View on CA.gov

§ 9404 Claimant Counteraffidavit Deadline

The public entity shall serve on the claimant a copy of the direct contractor’s affidavit, together with a notice stating that the public entity will release the funds withheld, or the portion of the funds demanded, unless the claimant serves on the public entity a counteraffidavit on or before the time stated in the notice. The time stated in the notice shall be not less than 10 days nor more than 20 days after service on the claimant of the copy of the affidavit. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (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

direct contractor’s affidavitcounteraffidavitChapter 2 of Title 1

Related Statutes

  • § 9406 Contractor Affidavit Dispute Process
  • § 9408 Contractor Claim Rights Declaration
  • § 9410 Contractor Affidavit Burden Proof
  • § 9412 Summary Release Proceedings
  • § 1169 Recording Real Property Instruments

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 9404.
View Official Source