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Enforcing a mechanics lien

ArizonaMechanics Lien
Anonymous General Contractor

I filed a mechanics lien in August 2018. How do I enforce it? How do I protect it from expiring?

1 reply

Levelset Admin at Levelset
| 335 reviews
Dec 16, 2019
Enforcement of an Arizona mechanics lien is governed by Ariz. Rev. Stat. §33-998; which states that, "A lien granted under the provisions of this article shall not continue for a longer period than six months after it is recorded, unless action is brought within that period to enforce the lien." Since there is still some time before the 6-month deadline expires, one option you may want to consider is sending a Notice of Intent to Foreclose the Lien. This type of notice can act as a final warning shot to the property owner that, unless payment is made within x amount of days, you are willing and able to initiate a foreclosure proceeding. If payment is not made within the specified time frame, a complaint should be filed in the civil court along with a notice of lis pendens which should be filed in the same county clerk's office where the lien was filed. However, the first step in this process should be to consult a local attorney. Although individuals can represent themselves, a foreclosure lawsuit can be complex, and legal assistance is always advised. A good place to start would be the AZ Bar Association Lawyer Referral Service, or Avvo.com. Here are some other resources you may find helpful:
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.See More...
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