Can we still file a preliminary notice even though its past the 20 days?

7 months ago

We are 7 days past payment due date with a uncooperative customer not wanting to pay. The invoice was NET 60 to help customer pay since they did not get paid for 60 days either. Can or should I still file a preliminary notice even though it is past the 20 days? Will it still be eligible for lein being it is past the 20 days from date of services rendered?
Thank You


If a preliminary 20 day noties is not given within the first 20 days, a notice may still be provided and served.  However, the notice will be effective (and a lien permitted) only for labor or materials provided within 20 days prior to the service of the notice.

Legal Associate Levelset
142 reviews

The previous answer is accurate. An Arizona preliminary notice is typically required to be sent within the first 20 days of providing labor or materials to the project to secure the full protection of a mechanics lien. This notice needs to be sent by first-class, certified, or registered mail with return receipt requested.

An AZ preliminary notice may be sent late, but it will only cover the costs of labor or materials provided within the 20 days preceding when the notice is served. Keep in mind that a notice is considered “served” at the time of the deposit of the notice in the mail in one of the proper methods. A late notice is better than no notice. It’s better to secure some lien rights to payment than none. As failure to send this notice will destroy the claimant’s lien rights.

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Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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