property has since been transferred with purchaser knowing lien needed to be satisfied
Sep 12, 2018
While I'm sorry to hear that you had to file a lien to enforce payment, I'm glad you were able to file it in time! One option to help speed up payments might be too send what's called a Notice of Intent to Foreclose. This document turns up the heat on a lien claim. It states that if payment isn't made, and made soon, the lien will be enforced and the property owner could lose their home. Sending this document to the your customer, to the prime contractor, to the old property owner, and to the new property owner can make sure that all interested parties are aware of the debt and the potential lien enforcement action. Further, under § 8470 of the California Civil Code, a contractor is required to defend the property owner against lien claims made by subs on their project. So, informing the contractor of this duty can also help remind them that the lien claim is more than just the owner's problem. If warnings do not work, unfortunately, legal action on a lien claim may become necessary. In California, the deadline to enforce a lien (which requires a lawsuit) is 90 days from the date on which the lien is recorded. If no enforcement suit is brought before then, the lien will no longer be enforceable. However, if a claimant and the property owner both agree, a California mechanics lien enforcement deadline may be extended by a Notice of Credit. You can learn more about that process here: Understanding Notice of Credit and Lien Extensions in California.