I did a job for someone as a corporate construction company and I am the prime contractor. I recorded a lien for $7000 on their property. I have 90 days to file motion with court now to collect on my lien. Needed some advice on what forms I need to file with the court to make sure it's all done correctly. Thanks!
You need to file a lien foreclosure lawsuit to perfect your lien within 90 days. You can do so yourself, provided that you are not operating under any entity such as an LLC or corporation. If you are operating under an entity, you must retain an attorney for this type of action (you can file a small claims action but only up to $5,000 and not to foreclose a lien.) It is risky to file and litigate the lawsuit yourself as there are many technical and procedural rules and if you fail to properly adhere to these rules you could end up subject to monetary sanctions and other penalties up to and including dismissal of your case. But if you are willing to commit the time and necessary research, it is possible.
Even if you intend to represent yourself, it may make sense to retain an attorney for the limited purpose of drafting the lien foreclosure complaint. An improperly prepared Complaint can be subject to immediate attack via a demurrer and/or a motion to strike. Also keep in mind that a notice of lis pendens must be recorded when filing a foreclosure of mechanic’s lien action.
Based on the amount in dispute, assuming your customer is solvent, small claims may make more sense. Small claims is easier to do yourself and as an individual you can pursue up to $10,000. The lien provides security for the claim which is always desirable (and makes any judgment easier to collect). But this less important when the amount owed in low.