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Home>Levelset Community>Legal Help>If a company hires my company to do work for a home owner. If the home owner pays the company the subbed my company, but we have not been paid yet whom do we file a lien against ? Or do we take it to small claims court ?

If a company hires my company to do work for a home owner. If the home owner pays the company the subbed my company, but we have not been paid yet whom do we file a lien against ? Or do we take it to small claims court ?

LouisianaMechanics Lien

Have not received any payment from the company that subbed my company for the job.

1 reply

Feb 27, 2019
An important thing to keep in mind when talking about mechanics liens is what they attach to. Mechanics liens attach to the property itself, not the contracting person or company. This takes all the guesswork out of figuring out who to file a claim against. In any case, Louisiana statutes provide specific deadlines for filing a lien claim. The deadline for subcontractors to file a lien claim depends on whether the owner filed a Notice of Contract and/or a Notice of Termination. If both a Notice of Contract and a subsequent Notice of Termination have been filed, subcontractors have 30 days to file. If the owner did not file a Notice of Contract, the deadline to file a lien claim is 60 days from either the Notice of Termination filing, or the project's substantial completion (if no notice of termination was filed). Once the subcontractor has secured their lien rights, a notice that the lien claim was recorded should be sent to the owner. For more information visit LA Lien & Notice FAQs.
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