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can I hold a lien on a property with invoices older than six months in kentucky

I've been trying to get paid from an apartment complex that I used to work for. I've gone in the office with unpaid invoices multiple times in the last 3 months. I have 12 invoices totaling 1700 dollars with the oldest being in may 2019. i was just told that the property is being sold and closes at the end of this month. I just read for the first time that a lien has to be placed within six months. do I have any chance of getting the invoices older than six months paid if I put a lien on this property? been cleaning carpets for this property for 2 years, theve paid most of all the invoices, but some were never submitted because of their poor office staff.

1 reply

Mar 9, 2020

Generally, mechanics lien claims are available for those who permanently improve the project property - typically via construction work. And, for those claimants, the deadline to file a Kentucky mechanics lien will be 6 months from the last date when labor or materials were provided. Notably, that's the last date when labor or material was furnished on the project, and not necessarily for specific invoices. Importantly, though - in order for mechanics lien rights to arise, the improvement must be permanent. So regular maintenance or cleaning type work will generally not give rise to lien rights since the property generally won't be permanently improved by that work, and because that work must be done on a regular/revolving basis. Of course, there are always other options outside of the mechanics lien process that could result in payment. For one, sending a demand letter can let a customer know you're serious and willing to do what it takes to get paid. Additionally, if there's an argument that the work is, in fact, lienable - then a Notice of Intent to Lien could push an owner to pay what's owed to avoid any issues with closing. Or, pursuing legal claims could be an option - and for debts under $2,500, making a claim in small claims court could streamline things. And finally, putting debt into collections might help, too.

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