Hello, my question is how do i enforce the mechanic lien we filed on a property so we can get paid for a job we completed?
2 replies
Jul 21, 2020
An Alabama mechanics lien is only valid for 6 months from the last date of furnishing labor or materials to the project (when the amount became due) if no action to enforce is taken, the claim will expire.
To enforce your claim, a lawsuit must be filed in the circuit court where that covers the county where the property is located. If successful, a judgment will be entered in your favor, and the court may order the sheriff to foreclose and sell the property, the proceeds of which will go towards paying your lien claim.
Before you decide to file an enforcement action, keep in mind that it is a full lawsuit, and you should consult with a local, Alabama construction attorney to guide you through the process. Also, you may want to run a title search on the property to see if there are any large creditors with a security interest in the property; this can help you determine if it is worth it to foreclose on your mechanics lien. Lastly, before filing suit, you may want to consider sending a Notice of Intent to Foreclose. This is an optional notice stating that if you aren't paid with a certain amount of days, you will file a lawsuit to enforce your claim. This is usually enough to get the ball rolling on your payments.
Good luck!
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Jul 21, 2020
How early can an intent to foreclose be sent to the owner ?