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Can we enforce a lien without having to pay a lawyer?

California

We just filed the lien, we want to know what are the legal steps to take in order to enforce it and get paid. Do we have to bring it to court

2 replies

Dec 23, 2022

A corporation must be represented by an attorney in court. If you are an invididual, you need not retain a lawyer, though that is probably not the best plan. As for the next step after recordation of a lien, that would be to file suit to foreclose on the lien within 90 days of recording it. Good luck. 

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Dec 23, 2022

You have 90 days after recording the lien to file a lien foreclosure action. It would be difficult without an attorney, but it is possible. Mistakes can jeopardize the enforceability of your lien. You will also want to record a lis pendens after you file the lawsuit to give public notice of your lawsuit.

Now that you have recorded a lien, it should give you some additional leverage. Before you incur the expense of filing a lawsuit, you might send a written demand to the owner for payment.

If it's possible to serve a bonded stop payment notice on the construction lender, that would also give you some additional remedies.

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