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How do I file an action to e force a lien? Do I need a lawyer to write a letter?

I filed a mechanic lien on a property that we did a full remodel and the homeowner still.owes us $22,000. But the court said I need an action to enforce filed and to contact a lawyer. Do I need a lawyer or can I write one myself? Is there a template somewhere?

1 reply

Apr 1, 2020

Filing a mechanics lien will typically lead to payment, but sometimes additional steps will need to be taken in order to secure payment. When a customer isn't willing to make payment after a mechanics lien has been filed, the next step is often seen as enforcing or foreclosing the lien claim. As indicated above, that will require a lawsuit. Meaning, in all likelihood, the lien claimant will need to hire a construction lawyer to enforce the claim. If the work was performed by an individual acting as a sole proprietor, though, it may be possible to proceed without a lawyer (though, it still wouldn't be advisable). Before moving forward with a lien enforcement suit, though, there's another step that can help to get paid. By sending a Notice of Intent to Foreclose, a lien claimant will let the property owner know that they're serious about the claim and willing to go to court. And, because the prospects of litigation and potential foreclosure are so daunting, many owners will finally be willing to pay what they owe.

Additional resources

In addition to the above, these resources should be useful, too: - The 4 Steps to Take After Filing a Mechanics Lien - Construction Attorneys in Kansas

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