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A leagal company has called in reguards to a client we have put a mechanics lien against. Should we call the legal company back?

ArizonaMechanics LienPayment Disputes

We recently filed a mechanics lien against a client. Unfortunately he sold his land in August. Today a legal company has called to talk to an officer of our company. The owner asked that I reach out to see if we should call back . We dont know if the company is working for the client or what their intentions are.

1 reply

Sep 19, 2017
It's not mentioned whether the mechanics lien was filed prior to or after the sale of the property, but the general rule (subject to some exceptions) is that as long as you comply with the timing/deadline and other requirements for filing your mechanics lien, the property will remain encumbered, and the new property owner will be on the hook. Since the lien encumbers the actual property itself, the property owners are kind of secondarily important (despite the fact that the owners or the GC are the ones who end up needing to pay the amount due).

It is you choice whether the call the law firm or other legal company back - since you don't know what their intentions are, or what they were even calling about, specifically, it's difficult to determine if you'd want to call back directly or obtain counsel. To the extent you have a valid lien, you can proceed with enforcing the lien without any prior negotiation, but that's a fairly closed-off approach.

You can always contact the party and then cease communication if it doesn't appear the conversations will be fruitful. They could be attempting to negotiate a settlement, claim insufficiencies in your lien, or something else. It generally doesn't hurt to hear what they have to say - and it can help you make a determination if you need to obtain the services of a lawyer sooner rather than later. If you don't feel comfortable taking to the legal company / law firm / etc. yourself, you can hire a lawyer to do it for you.

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