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Can we file the required suit for a mechanics lien on our own?

MassachusettsLien DeadlinesLien ForeclosureMechanics Lien

We are a small porta-potty rental company. We filed a mechanics lien against one of our customers who will not pay, but it's only about $1,800. I see we need to file a suit within 3 weeks. Is that something we can do on our own?

2 replies

Sep 10, 2020
To enforce a mechanics lien the claimant must initiate enforcement or lien foreclosure action. The lien foreclosure action is a lawsuit. Therefore, it needs to be drafter, filed, and served appropriately like any other lawsuit according to the rules of the jurisdiction where the lien was recorded. Individuals are allowed to represent themselves, yet it is rarely a good idea to do so. In most circumstances, a corporation or LLC is not allowed to represent itself in court. If a foreclosure lawsuit is necessary it is likely you will need a Massachusetts construction attorney.
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Oct 21, 2020
If you are incorporated (an Inc. or an LLC), the only venue in which you can represent yourself is in small claims court. You cannot sue to enforce a lien in small claims court. As an attorney, I would decline your case because it would be a waste of your money. Just sue in small claims court.
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