We have filed our lien. How long do we have to set up a small claims court date to get payment ?
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Mar 19, 2020
Once a mechanics lien has been filed, there's another deadline to keep an eye on - the lien enforcement deadline. In California, a mechanics lien claimant has 90 days before that lien enforcement deadline, which means they'll have about 3 months to negotiate or otherwise try and force the owner to pay. At the end of that 90 days, the claimant will need to either take legal action to enforce their lien claim, or they'll let the lien expire.
Of course, there are other steps that can (and usually should) be taken to force payment before legal action becomes necessary, including sending a Notice of Intent to Foreclose. You can read about those steps in detail here: The 4 Steps to Take After Filing a Mechanics Lien.
With all of that in mind - note that mechanics lien claims can't be enforced in small claims court. Levelset discusses that topic in great detail in this article: Can California Mechanic Liens Be Enforced In Small Claims Court? Though, small claims court can be a viable option depending on the amount in dispute (maximum $10,000 for individuals/sole proprietors, maximum $5,000 for business entities). And, a claimant will have much longer than 90 days to bring a claim in small claims court, if they so choose.