I have sent prelim notices and filed the lein... What are my nect steps acting pro se?
1 reply
Sep 6, 2019
After filing a mechanics lien, there are a few different potential courses of action that might be helpful. Obviously, enforcing the filed lien is one of those options - but keep in mind that a claimant might not always be able to proceed pro se. If a lien claimant has filed a mechanics lien in their own individual capacity or in the capacity of a sole proprietorship, a lawyer might not be necessary to enforce a filed lien (though, legal representations is always recommended when going to court). A non-lawyer cannot represent a business in court (unless that business is that person's sole proprietorship).
What's next after filing a mechanics lien?
When a mechanics lien has been filed and it still looks like payment isn't coming, further escalating the dispute might help. Sending a document like a Notice of Intent to Foreclose can help show the property owner and/or customer that you're serious about payment recovery and that you're willing to enforce the filed lien, if necessary. Considering the drastic nature of a lien enforcement suit, an owner will typically not take a Notice of Intent to Foreclose Lightly. More on that here: What Is a Notice of Intent to Foreclose?
If the threat of moving forward with a lien enforcement action isn't enough to spur payment, actually pursuing the enforcement of the lien might be effective, too. More on lien enforcement here: What Is “Enforcing” a Mechanics Lien? mentioned above, it's generally a good idea to proceed with a lawyer when filing a lawsuit, and it's usually required.
But, if you are able to proceed pro se, this guide should be really helpful: New Mexico Guide for Pro Se Litigants. That resource explains how to compile the necessary paperwork, how to file with the court, and the fees that will be associated with filings.
For more information on New Mexico mechanics liens, including the deadline to enforce the lien: New Mexico Mechanics Lien Guide and FAQs