Me not ever been in this situation
And trusting who I thought was a friend that strung me along till he new I had no stand with a Lein.
2 replies
Sep 17, 2020
If believe you don't have a right to file a mechanics lien to recover payment or missed the deadline to file a mechanics lien, there are a few options you can explore.
When it appears that a lien deadline may have passed, the first thing you should do is to determine whether the deadline has actually passed. Mechanics lien deadlines can be tricky to calculate then it seems they should be, that means that a deadline may not have expired even though you believe it has.
If you actually missed the deadline, there are still a few options available. You can either:
1. File a mechanics lien anyways
It is never a good idea to file a lien that you know is invalid or improper, but due to the gray area around the calculation of lien deadlines sometimes it isn't cut and dry. Filing a lien may prompt payment by bringing the payment dispute to the attention of the relevant parties, even if an enforcement action the lien may not be effective. Keep in mind that filing an invalid lien is a bad idea and knowingly doing so can open you up to potential civil or even criminal penalties.
2. Send the property owner a notice of intent to lien
3. Send to collections
4. File suit
Litigation is normally the last resort. Prompt pay statutes, breach of contract, unjust enrichment, and more can all provide avenues to recovery.