Customer disputed credit card charge 5 months after service, the dispute went in his favor with his bank. Do we have any legal options to collect this money?
Dec 26, 2018
I'm sorry to hear about that. Due to the timelines involved, a Minnesota mechanics lien is likely not a viable option - Minnesota mechanics liens must be filed within 120 days of the date when the lien claimant last furnished labor or materials. Of course, that doesn't mean there aren't other options for recovery. For one, regardless of whether the right to file a valid lien will exist, sending a threat of lien like a Notice of Intent to Lien can be effective. Further, lien rights are hardly the only mode of recovery available for construction-related nonpayment. Depending on the amount of the claim, an action in small claims court could be an option. Small claims court is more time and cost effective than traditional litigation, but claims must be beneath a specific threshold in order to qualify. If the claim exceeds that threshold, filing a lawsuit might be an option to recover amounts that are owed and unpaid. Granted, before resorting to filing suit, most claimants find that sending a demand letter specifying what legal action will be taken is a good idea. Sending a demand letter via an attorney can often help resolve an issue before a lawsuit becomes necessary. But, if need be, hiring a lawyer and filing suit can be effective. Finally, exploring the option for putting the debt in collections could also be an option. To decide which route best suits your situation, it'd likely be helpful to consult a local construction attorney. They will be able to further review the circumstances and any other relevant information and advise you how to proceed.