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How long do I wait for a response once the Claim of Lien has been filed?

North CarolinaLien ForeclosureMechanics Lien

I was a subcontractor for pool work on a new apartment complex and have not yet been paid.

2 replies

Jan 12, 2021

Once a North Carolina mechanics lien has been filed, it will only be valid for 180 days from the last date of furnishing labor/material to the project. This is a hard deadline, if missed the claim expires and will no longer be enforceable. Generally, liens get paid without having to file an enforcement action, but in some cases it may be necessary. An enforcement action is a full lawsuit, so you should reach out to a NC attorney to help guide you through the process and help determine if enforcement is worth it. We have a few NC attorneys in our Levelset Community you may want to reach out to personally. 

Also, if you still have time before the enforcement deadline, sending a Notice of Intent to Foreclose is an option. Consider it a final warning that if payment isn't made, a lawsuit will follow. This usually gets the owner's attention.

Good luck!

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Jan 14, 2021

There is no specific timeframe that one must wait after filing a lien prior to taking further action.  However, there is a deadline by which one must file suit to enforce.  If a lawsuit is not filed within 180 days of your last date of work, the lien expires.  Typically, if you haven’t heard something in response to the lien within 30 days, I’d suspect payment is not likely to be forthcoming without the need for further action.

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