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How can I enforce a Mechanics Lien?

I filed a six-digit Mechanics Lien for nonpayment of architectural services. We have an AIA contract in place. As a result of filing the lien, I received a letter from an ambulance chaser attorney threatening to sue me for filing the lien. I called the debt collector people you recommend and gave them all the documentation. They called the lien holder to collect and the lien holder lawyered up again, scaring the debt collectors that I’d hired and leaving me unprotected and alone. The lien holder hasn’t filed any lawsuits against me, but has proceeded with construction by bonding off the six-digit lien. The six month deadline is in 4 weeks. What do I do? I need a construction litigation attorney on contingency, as this former client basically put me out of business by basically stealing over $100,000 from me and I have no $$$. I have also developed severe PTSD after dealing with this nightmare client and putting up with his abuse and nonpayment of my services afterwards, effectively putting me out of business and provoking the layoff of the people whose only fault was working on his plans. Any attorney recommendations?

1 reply

Mar 2, 2020

Enforcing a mechanics lien will require legal action, and as discussed above, that means the help of an attorney will likely be necessary. Unfortunately, I'm not personally familiar with any South Carolina construction attorneys who might be a good fit - and it doesn't look like we currently have any South Carolina construction attorneys in the Levelset Expert Center quite yet. I will note, though, that the South Carolina Bar Association does have this helpful portal for finding an attorney. And, other sites like Justia or Best Lawyers might make it easy to connect with the right lawyer, too. Finally, note that sending a document like a Notice of Intent to Foreclose could help to push a customer (and their surety) into taking the debt more seriously. Essentially, it acts as a final payment demand and states that, if payment isn't made immediately, an enforcement suit will be filed. No surety bond provider wants to pay out a claim, plus the customer would end up having to reimburse their bond provider for any claims paid out by the bond. So, neither of them will want to deal with a lien enforcement suit - particularly if it's clear that the lien is valid and enforceable.

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