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If my lien that I filed in California has extinguished after 90 days, can I still file a lawsuit against my customer?
I field a lien in California on my customers job. I know the lien is extinguished after 90 days. Can I still file I lawsuit against my customer?
4 replies
Oct 9, 2019
Generally speaking, yes, you can still file a lawsuit against your customer to pursue monies owed as long as you do so within the applicable statute of limitations. You should, however, release your stale lien (if it was recorded more than 90 days ago and no lawsuit has been commenced) as that can have negative ramifications.
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Oct 9, 2019
What is the applicable statue of limitations to file the lawsuit?
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Oct 9, 2019
It depends if there is a written contract, oral contract, or a contract implied by conduct. It also may depend on the language of the contract and, for example, an agreement on the shortening of the applicable statute of limitations. There may also be other provisions such as an arbitration clause that may impact your ability and timing to file an action.