Can I still file a civil suit for payment even though I have a mechanics lien on the property?
1 reply
Jun 26, 2020
Filing a lien can be an efficient option for contractors, but filing the lien alone does not get you paid. Even if the lien has been properly filed, the claimant still need to file a formal complaint to get a judgment to enforce the lien per 49 P.S. §1701(a). The lawsuit needs to be filed within two years from the date the lien was filed (unless extended in writing by the owner). If the lawsuit does not give the claimant a judgment within 5 years of filing the lien, it is "wholly lost" per the statutory language.
If the owner owns the subject property outright (i.e. no mortgage), then he or she could just allow the property title to be stained and try to wait you out. If the property was purchased with a loan, the lender receives notice of the lien and usually forces the owner to pay it off.
You did not say whether the lien was residential or commercial, so there are other requirements which you may have to satisfy.