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