I started a lien on a property and then hired a lawyer to sue the other party. He has not been able to serve the other party and the property has been sold. What can I do to recover my money?
1 reply
Jan 28, 2020
First, note that your attorney should be able to advise you on how to proceed with getting the other party served and then how to best pursue the debt - be that through the lien enforcement suit or otherwise. And, when having trouble serving a defendant, there are usually some alternative methods of service that could be on the table - like service via mail or publication (though, it might require some additional efforts to have the court approve service by publication). So, it might be worth discussing all options for proceeding with a lawsuit with your lawyer before giving up on enforcing a lien and pursuing other recovery options.
But, if pursuing a lien enforcement isn't an option, then other claims - like breach of contract, unjust enrichment, or under Vermont's prompt payment laws - could be promising options. Considering the claimant can't be reached for service, though, those options may not be particularly valuable unless the service issue is cleared up. Finally, note that sending the debt to a collections agency could be an option as well.