We are concrete ready mix company. We did a job and havent been paid. We sent the pre-lien, mechanics lien, intent to lien and now we are at deadline and it says we need to either "file suit to enforce the lien, release the lien, or extend the lien." Although, the onyl available options to click on levelset are release and extend. We want to file suit to enforce the lien but again, I cannot find that option on levelset.
Hello! "Enforcing the lien" generally means engaging an attorney to file a lawsuit within 90 days from the date the lien was recorded.
Filing suit to enforce the lien is also called "Foreclosing on the lien." It means filing a complaint in the Superior Court of California, to seek to recover for the materials you provided (concrete). Kevin Meade, Esq. - 949-502-7715 - kmeade@TALGlaw.com
You have 90 days after recording the lien to file a lien foreclosure action. It would be difficult without an attorney, but it is possible. Mistakes can jeopardize the enforceability of your lien. You will also want to record a lis pendens after you file the lawsuit to give public notice of your lawsuit.
Now that you have recorded a lien, it should give you some additional leverage. Before you incur the expense of filing a lawsuit, you might send a written demand to the owner for payment. If it doesn't provoke payment, the owner may at least agree to extend your foreclosure deadline to give you more time to negotiate a resolution.
If it's possible to serve a bonded stop payment notice on the construction lender, that would also give you some additional remedies.