Hi. I received a Notice of Mechanic's Lien from my contractor. Public record indicates an Index Number has not been issued. Do I still have an option to resolve this dispute outside of court?
Your input would be greatly appreciated.
Property Owner
2 replies
Apr 1, 2021
No index number is issued upon the filing of a mechanic's lien, an index number is only issued when the action to foreclose (enforce) the mechanic's lien is commenced by the contractor. There is always the option to resolve a dispute whether that be pre-litigation or during, but it is of course easier to resolve a dispute before the contractor pays someone like me to foreclose on the lien. A review of the contract, lien and facts and circumstances is necessary to properly advise you, depending on the amount of the lien, you may need a construction lawyer.
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Helpful
Apr 1, 2021
The index number is not material at this time. it will be issued if the lien is foreclosed. as for attempting to settle, yes you are fee to do so. you have the right to demand support for the lien or to force foreclosure. if you settle, get a satisfaction of the lien in the proper form. for anything but a settlement, you may need the assistance of a lawyer with construction experience. good luck