We are a small refrigeration company, we work at stores, restaurants and schools around Kalispell MT. Last February we did some work on a job and the owner has not paid her bill. It is only $ 1019.83. But we are small and we could use the money.
It's possible that some refrigeration work might give rise to mechanics lien rights. Repairing or delivering ordinary appliances would likely not give rise to lien rights, but permanently installing large units or repairing massive units built into the property could. So, before deciding whether to file a lien, it's a good idea to assess the project and determine whether there's been a permanent improvement to the property.
With that being said, keep in mind that there are some additional steps that can help to force payment before a lien must be filed. Sending simple invoice reminders can be enough to prod the user into paying what they owe. Or, turning things up a notch by threatening a mechanics lien (with a Notice of Intent to Lien) or threatening legal claims (with a payment demand letter) could be effective, too. While mechanics liens are extremely effective, they're typically considered the nuclear option - so, pursuing some "softer" options first may be a good idea.
Finally, if you do decide a mechanics lien is appropriate and necessary, these resources will be really useful: (1) Montana Mechanics Lien Guide and FAQs; and (2) How to File a Montana Mechanics Lien | A Step-by-Step Guide to Get You Paid.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...