Hello, we have not been paid and a Intent to Lien as been issued on May 6th. Could you please advise on our next step. Do we need an attorney to move forward?
3 replies
Jun 3, 2020
The next step is to record a mechanic's lien. Generally, you are eligible to do so if you had a direct contract with the owner or if you sent preliminary notice within 20 days for commencing your work. The lien must be recorded within 90 days of project completion or if a notice of completion of cessation was filed within 60 days of that notice (direct contractors) or 30 days of that notice (subcontractors etc.).
Once you record your lien you should again demand payment. If you still cannot get payment, you will have 90 days from the recording of your lien to file an action to foreclose that lien. This lawsuit would also contain claims for breach of contract etc.
If you are not eligible for a lien, then you will need to proceed with legal action for breach of contract.
Levelset can help you with filing the lien. But if you need to take legal action you should retain an attorney. I am available for a free telephone consultation. To schedule, send me an email at ryan@huntortmann.com.
1 person found this helpful
Helpful
Jun 4, 2020
You can record a lien in the County where the property is located but please make sure that you are using the most current lien form and strictly follow the requirements for service. If you are more comfortable, you can retain an attorney to perform this service.
0 people found this helpful
Helpful
Jun 6, 2020
Your next step is to file a lawsuit before the time period ends in California. According to my memory of California law, you only have 90-days to file a lawsuit to enforce your Mechanic’s Lien in California. If you do not file the lawsuit within that period, your Mechanic’s lien will expire and no longer be enforceable.