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.
would like to get paid. property ownership has split between family, and the bank still let that happen without any payment on the lien to me
1 reply
Aug 23, 2018
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?