My mechanics lien expired. We filed it in August 2018. The homeowner has been suing us since we filed it. Does that affect the expiration date? If not, any recommendations on my next steps? We are in Arizona.
1 reply
Dec 20, 2019
Arizona mechanics lienswill only be valid for 6 months from the date the lien was filed. This is a hard deadline, and cannot be extended for any reason. That being said, there are still some other options to recover payments.
One option would be to pass the debt off to a collections agency. They can perform the grunt work of calling, emailing, and tracking down payment. But keep in mind that this could involve a substantial percentage of the unpaid balance.
Another option is to start sending payment demand letters. Specifically ones that cite the Arizona prompt payment laws. These letters should be assertive, and state that if payment isn't forthcoming in x amount of days you are willing to file a lawsuit to collect your payments.
And of course, lastly, there is always the option of filing a lawsuit based on prompt payment, breach of contract, and/or unjust enrichment. An Arizona small claims court might be an option depending on the amount in controversy. The small claims courts in Arizona, are typically capped at around $3,500. And although you may be able to represent yourself, it's always a good idea to consult an attorney to help you navigate the process. We have a few Arizona collections specialists and attorneys in our Expert Center community. Or you may also want to look into Avvo.com or the AZ Bar Association Lawyer Referral Service.
Good luck!