Home>Levelset Community>Legal Help>I filed a mechanics lien in the state of North Carolina on 04/04/2018. What date would be the DEADLINE that I must file a lawsuit by to "perfect" the lien? Date of last furnished labor was 03/04/2018. Thank you

I filed a mechanics lien in the state of North Carolina on 04/04/2018. What date would be the DEADLINE that I must file a lawsuit by to "perfect" the lien? Date of last furnished labor was 03/04/2018. Thank you

I completely remodeled a person's basement. I furnished all of the labor, and also spent money out of my pocket for their materials. Date of las t furnished labor is 03/03/2018. I have only been partially paid. They have refused to pay the remaining balance of 3900.00. I sent an intent to lien notice, subsequently filed a lien (04/04/2018) in the county clerk and recorder, noticed the lien to the property owner and their mortgage holder. I have yet to receive any response or payment. I have now waited 84 days with no progress. I believe that the next move would be to file a notice of intent to foreclose. I would like to get paid without filing a lawsuit, but I want to make sure that I officially maintain all of my rights as a lien holder, and that I file a lawsuit if necessary within the legal time limit in the State of North Carolina. I am not clear on whether I have to wait 120 days to file, if I have to file a lawsuit within the 120 days to "perfect" the lien ( this is what the recorder seemed to indicate to me), or within 180 days of the last furnishing of labor, or with 180 days of the date on which I filed the lien. Zlien forms and chat have been a great resource. I am very thankful for any advice or guidance which you may be able to offer me, as I just cannot afford an attorney as it will cost more than what I m trying to recover. I just want to get paid of course for my hard work. Thank you for your help!

1 reply

Jul 2, 2018

I'm sorry to hear about that. But it sounds like you've done well to protect your right to payment, so kudos! Anyway, before it comes down to a lien enforcement action, sending a Notice of Intent to Foreclose is typically a helpful step. As alluded to above, it serves as one final warning shot: if the lien claim is not resolved, the lien will be foreclosed upon. A lien claim is bad enough, but a lien enforcement action can really create some trouble for a property owner - so the Notice of Intent to Foreclose is usually given its due respect. If a Notice of Intent to Foreclose is not sufficient to compel payment, unfortunately, a lien enforcement action may become necessary. In North Carolina, the deadline to bring an action to enforce a mechanics lien is 180 days after the date of last furnishing labor or materials to the project. Of course, a lien enforcement action could be made before that. When the deadline isn't particularly close, many claimants prefer to wait and try to resolve the dispute without an enforcement action. Of course, lien enforcement deadlines are very strict, so it's unwise to jeopardize the right to enforce a lien by cutting it too close. Finally, if a lien enforcement action is imminent, it might be wise to consult a local construction attorney. They'll be able to review your circumstances and help advise you on which actions to take and when. Not to mention, since a lien enforcement action entails a lawsuit, a lawyer would be invaluable in proceeding with such an action.

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