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how do i file a lien for non payment of services rendered.

I worked as a general partner with my mother for the last ten years. I was supposed to be paid every year for being general partner in a LLC partnership. I filed my taxes with the amount that I was supposed to be paid every year and now that my mother has passed and left me everything that was hers to give, the other people in the contract for the LLC are not willing to pay me. How do I fill out the paperwork for a lien on the LLC.

7 replies

Dec 19, 2019

First, note that mechanics liens are really only available for those who perform construction-related work which serves to improve real property (i.e. real estate). And, generally, most other types of liens aren't "involuntary" - a lien will usually require both parties to agree to the creation of that lien (except for liens like mechanics liens, judgment liens, tax liens, and automotive liens). What's more, at least for mechanics liens - mechanics liens attach directly to the project property where work was done, not to any particular person or entity. So, I'm not sure there's a particular form to point you towards in order to obtain payment from an LLC as described above. However, it may be helpful to consult with a local business attorney. They'd be able to review any relevant documentation, communications, or circumstances then advise on how best to move forward and recover what's owed.

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Dec 19, 2019

Mechanics liens are meant to protect those in the construction industry against non-payment. This forum is specifically tailored to construction and construction payment disputes. Based on the information provided, a mechanics lien would not be the appropriate remedy in this situation. However, I can give you some general information. Anytime a dispute arises among members of an LLC, one should look at the articles of organization. Members of LLCs owe a fiduciary to the company, and members and shareholders will each have rights and remedies available to them outlined in the articles. Additionally, there should be some provision concerning disputes, and potentially an Alternative Dispute Resolution clause; requiring mediation or arbitration to settle the disagreement. If not, you should contact a local attorney to advise you on how to proceed. A good place to start would. be the WA Bar Association Lawyer Referral Service, or Avvo.com. Good luck!

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