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Can I petition the court for an order directing a lienor to provide a proper itemized statement under section 38 lien la

New YorkLawsuit Mechanics Lien

Anonymous Contractor

I am a property with an exaggerated mechanics lien claim. The lienor failed to comply within 5 days of my demand for an itemized statement under section 38 of the lien law He did provide an insufficient statement on day 16. How do I petition the court for an order directing the lienor to deliver a proper statement? Can I do this personally or do I need an attorney?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,011 reviews

Aug 21, 2020

Generally, if you'll be petitioning the court, you should have an attorney. It's generally never a good idea to self-represent (and this is true for attorneys, themselves). With that being said, individuals are generally able to represent themselves before the courts. And, section 38 does sound pretty simple. So, as long as this property isn't actually owned by a business entity (like an LLC), self representation is technically possible. This may be useful too: Forms for the Self-Representation in New York. For help finding an attorney who can help: Top New York Construction Lawyers. Further, Levelset discusses when a construction attorney's help is necessary here: What Does a Construction Lawyer Do, and When Do I Need One?

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