It's been 2 mths that I worked for a company and was never paid. I sent them a notice of intent to file a lien. I just received a correspondence from the property owners saying that my letter was forwarded to them and since they never received a preliminary notice, their attorney would petition the court to have the lien removed if it was filed and that they would demand all their legal fees for the lien removal to be paid by our company. Will I be responsible for these fees? I'm afraid that if I file the lien will not be valid and I'll be stuck with their attorney's fees. I'm already out $10,430. The reason I didn't file the prelim is because I was told by the person that hired me that he was the property owner but apparently not.
If you record a lien and the owner is forced to petition to have the lien expunged, yes, the owner can request its attorneys' fees for having to petition to have it expunged. So, don't recored a lien, unless it's proper. An employee does not, if that's what you were, need to serve a 20-day preliminary notice.