I'm an independent hardwood flooring contractor with 30 years experience specializing in sand and finish (restoring wood floors). I have a client that is refusing to pay me ($6,360). I originally bid the job for stain of choice (per the wife's request) but after three days of sanding and prepping the floor for stain the husband got involved with the stain choice and he decided on natural (no stain). I bid the job for four coats of finish and even though they saw the floors during the four days that I was applying the natural finish they waited until I was completely finished with the job and demanded that I redo the entire floor with stain instead. I informed them that I was willing to redo the entire job and provide them with as many stain samples that they need so that they would both on the same page but since they already chose natural I would have to be paid in full for the work that I've already completed before proceeding. Currently I have placed a mechanics lien on the property through Levelset but I haven't received any response from client. I know that I have 90 to enforce the Lien but I'm not entirely sure what my next step should be.. Any advice would be greatly appreciated..
A letter or telephone call to try and work it out would be my next step but the next step, in terms of the law, is to file suit before the expiration of 90 days after the lien was recorded.
Assuming that you have time to do so. The next step would be to send a demand letter again demanding payment and threating to move ahead with a lawsuit to enforce the lien unless payment is forthcoming. You may want to retain counsel to send this demand letter in order to increase the letter's credibility and impact. If the letter does not work, or if you do not have time to send a letter given the proximity of the 90-day deadline, your only choice to maintain the lien would be to file a lawsuit to foreclose. This is difficult to justify given the limited amount owed. But may be worthwhile if filing the lawsuit provides enough pressure to quickly settle the matter. Another option you have is to pursue the homeowners in small claims. But keep in mind that if your business is an entity, you can only get up to $5,000 in small claims. If you operate as a sole proprietorship you can get up to $10,000. You cannot foreclose the lien in small claims.