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Home>Levelset Community>Legal Help>I filed My mechanics lien, the party still doest want to pay and they are threating me personally, what is my next step?

I filed My mechanics lien, the party still doest want to pay and they are threating me personally, what is my next step?

North CarolinaMechanics LienRecovery Options

I filed a Mechanics lien after not receiving payment for a job that was done, The lien has been filed at the county. I just recieved an email from the owner saying now they want to sue me for 10000 dollars!!! which is funny. I want to know what my next step

1 reply

Dec 3, 2020

It's extremely common for an owner to freak out and threaten legal claims when liens are filed against their property - and that's true regardless of whether there's any actual issue with the lien claim. Levelset discusses how to deal with those lien challenges here: What To Do If Your Lien is Challenged? We'll dive into some of the details below, but this article should be really useful as well: The 4 Steps to Take After Filing a Mechanics Lien.

After a lien is filed, and after an owner has cooled down a little, there are a few steps that can help with recovery. For one, making sure all relevant parties are aware of the lien (like the project manager, GC, etc., if present) is an important step. Then, negotiating payment with the relevant parties is typically next - and it's often easier to bring everyone to the table when there's a looming mechanics lien claim. And, if others aren't taking that claim seriously, then sending a Notice of Intent to Foreclose as a warning shot might help others take the matter more seriously - and so could threatening additional claims via a demand letter. Finally, if all else fails, then consulting with a local North Carolina construction lawyer about potentially enforcing the lien might be in order. If that becomes necessary, you can begin the search here: Top North Carolina Construction Lawyers.

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