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I have a lien filed on a house. Whats my next step to getting paid?

WisconsinLawsuitLien ForeclosureRecovery Options

We had a customer that was refusing to pay, so we filed a lien on his house. I believe that the next step is to foreclose on the house, but I'm not sure. $14k outstanding balance plus interest. Just wondering what we need to do to get paid.

1 reply

May 15, 2020
The first step after filing a Wisconsin mechanics lien is to send a notice of that lien filing to the property owner. Wisconsin lien claimants must provide that notice within 30 days of filing their lien, and failure to do so can invalidate the lien claim. What's more, it's a natural progression. Once a lien is filed, the parties to the dispute will generally negotiate payment in exchange for the release of the mechanics lien. Nobody wants to file a lawsuit, and no one wants to defend against one either - so, settling the dispute before legal action becomes necessary should be a pretty good option for everyone involved. If an owner continues to refuse payment after a lien is filed, then threatening to file a lien enforcement lawsuit with a Notice of Intent to Foreclose can be effective. When the owner knows you're prepared to go to court if you have to, they may be more receptive to resolving the matter. Finally, keep the lien enforcement deadline in mind. Wisconsin mechanics liens must be enforced within 2 years of when they're filed. So, that's a lot of time to negotiate and try and resolve the dispute. Before that time comes, though, enforcing the lien claim may be necessary. If that's the case, you'll need to consult with a Wisconsin construction attorney for help moving forward. And, even before it gets to that point, they can help aid in the recovery and negotiation process. Finally, this article should be useful to you: The 4 Steps to Take After Filing a Mechanics Lien.
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