Home>Levelset Community>Legal Help>did plumbing for a daycare center, the general was paid and kept telling me he wasn,t, so waited till the last minute and put a lien on the property 9-23-16, still have not received any payment. was thinking of a law suit against the general but because of the amount we think he will just go bankrupt ($36550.00) want to find out what my options are and if i should look into a law suit.
did plumbing for a daycare center, the general was paid and kept telling me he wasn,t, so waited till the last minute and put a lien on the property 9-23-16, still have not received any payment. was thinking of a law suit against the general but because of the amount we think he will just go bankrupt ($36550.00) want to find out what my options are and if i should look into a law suit.
I'm sorry to hear that. Everyone deserves to be paid what they've earned, and it's unfortunate when it takes a lien filing to try and prompt payment. When a lien has been filed, often, the next step is seen as a lien enforcement action. However, entering another step into this process can help compel payment without the need for further legal action. Enter: the Notice of Intent to Foreclose. A Notice of Intent to Foreclose acts as a final warning: it states that, if payment isn't made, then the filed lien will be foreclosed. Considering the risk and expense that a lawsuit entails, many claimants find this adding an extra step is a good way to compel payment without having to initiate litigation. If a Notice of Intent to Foreclose is ineffective, a lien enforcement action is still an option. While that does entail a lawsuit, the lawsuit is to enforce the lien against the property rather than a lawsuit directly against the general contractor. In a situation where a contractor is or may become insolvent, a lien enforcement action can secure payment - regardless of the financial situation of a higher-tiered contractor. For more on this subject, this article should help: What is Enforcing a Mechanics Lien?
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...