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Can I file a small claim after filing mechanics lien?

GeorgiaMechanics Lien

Can I file a small claim after filing a mechanic lien and can I do it in the same day?

1 reply

Apr 1, 2021

Sure. You don't have to file that quickly, but you can. In fact to perfect a lien you are required to file suit, but you have up to 1 year to do so. You will incur costs filing a lawsuit, even in small claims court. Sometimes it's better to wait a while to see if the lien will compel payment, so long as it was properly prepared and timely filed. Two final points, (1) don't forget to provide written notice to the debtor within 2 business days of the filing of the lien, and (2) the jurisdictional limit in small claims court in Georgia is $15,000. If your claim exceeds this amount you'll need to file your lawsuit in a different court.

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