What does it mean there is two years to enforce a mechanics lean? How is it enforced?
1 reply
Apr 3, 2020
A Wisconsin mechanics lien will not last indefinitely, the claim will only be valid for a period of two years from when the claim was filed. If no action is taken within this time period, the claim will no longer be enforceable.
An enforcement action (also known as a "foreclosure action") is a lawsuit. Ideally, the mechanics lien process is enough to get your payment dispute taken care of. However, if the enforcement deadline is approaching a claimant may have to file suit to recover payment. If successful, the owner will be forced to either pay the judgment amount or their property will be foreclosed and the proceeds of the sale will be used towards the debt. Again, this is a full legal proceeding, so contacting a local construction attorney is always recommended to help guide you through the process.
If there's still ample time before the enforcement deadline, there is one more thing you can do before filing a suit. You can send a Notice of Intent to Foreclose. This isn't a required document but it has proven effective to induce payment. Consider it a final warning to the owner, stating if you aren't paid within x amount of days, you are ready and willing to enforce your rights in court.
Here is some additional reading that may prove useful: