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How do I continue with Lien?

CaliforniaMechanics Lien

We, Subcontractors, have not been paid on the Mechanic lien filed against LA Solar Group on 8/29/2019. All we did was file a mechanics lien since the Contractors, LA Solar Group" did not pay us for the completed job. LA Solar Group sent me a threating email on 12/10/19 to remove the lien or they will further pursue legal action. My question is, do I stand a chance and let this further go into legal action or does my mechanics lien provide any reassurance? or protection. LA Solar Group does not intend to pay for the job. An escrow officer has contacted me to pay for the invoice, but we are not sure what to do as we were advised that if we didn't send a preliminary notice that our mechanics lien is VOID, even though the contractor did not pay the job completed. I just want straight forward advice, I am not willing to go further with this and over $2800 I will let this go, its been 4 months and the contractor does not pay.

2 replies

Dec 11, 2019
When you record a mechanic's lien you only have 90 days to file an action to foreclose the lien. If you recorded on 8/29/2019, then your deadline to file an action to foreclose has now expired. You must record a release of mechanic's lien or LA Solar Group can go into court to have the lien expunged and can recover a judgment against you for the costs to do so. If you did not send preliminary notice, that is another defense to your lien. Unfortunately, your best course of action at this point is the prepare and record a release of lien. If you still want to go after your $2,800, you could file a small claims case.  
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Dec 11, 2019
If you recorded a lien on 8/29 and have not yet filed a suit, it must be released.    If the project was completed within the last 90 days, you may be able to re-record the mechanics lien, however, if you did not serve a preliminary notice, that is likely going to be an issue for you.  If it has been more than 90 days since completion or if you didn't do a preliminary notice, then you may have to pursue your contractual rights against your customer.
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